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UNIVERSITY  OF  CALIFORNIA 


GIFT  OF" 


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PROPOSED 


Building  Law  for  Medium  Sized  Cities 


AS   DRAFTED   BY 


A  COMMISSION  APPOINTED 

PURSUANT  TO 'CHAPTER   579,  LAWS  OF  1892   OF 
NEW  YORK  STATE. 


MEMBERS  OF  THE  COMMITTEE. 

WM.  J.  FRYER  AND  CORNELIUS  O'REILLY  OF  NEW  YORK  CITY, 
AND  LEON  STERN  OF  ROCHESTER. 


Issued  June,  1893,  by  the  Committee  on  Construction  of  Buildings 
of  the  National  Board  of  Fire  Underwriters,  and  recommended  for  adoption 
by  cities  in  the  United  States  having  no  adequate  Building  Regulations. 


JOHN  W.  MURRAY,  Chairman. 
GEO.  R.  CRAWFORD,  New  York. 
M.  BENNETT,  JR.,  Hartford. 
GEO.  H.  FROST,  New  Orleans. 
JEFFREY  BEAVAN,  New  York. 


Committee. 


W.  T.  CHATTERLEY, 

Stationer  and  Printer, 
45  Liberty  Street,  New  York. 


[Assembly  Bill  No.  919,  introduced  Feb.  21,  1893.] 


AN    ACT 


To  provide  for  the  construction,  regulation  and  inspection  of 
buildings,  and  the  more  effectual  prevention  of  fires  and 
the  better  protection  of  life  and  property  therein,  in  the 
several  cities  of  the  State,  except  the  cities  of  New  York 
and  Brooklyn. 

The  People  of  the  State  of  New  York,  represented  in  Senate  and  Assembly, 
do  enact  as  follows  : 

SECTION  i.  There  are  hereby  enacted  three  classes  of  laws  relating  to 
the  construction,  regulation,  survey  and  inspection  of  buildings  to  be 
known  as  title  one,  title  two  and  title  three  of  this  act,  which  shall  respec- 
tively apply  to  every  city,  according  to  its  population,  in  this  State,  except 
the  cities  of  New  York  and  Brooklyn,  which  are  hereby  excepted  from  the 
operation  of  this  act.  Title  one  shall  apply  to  all  cities  having  a  population 
exceeding  seventy-five  thousand  inhabitants,  namely,  *****. 
Title  two  shall  apply  to  all  cities  having  a  population  exceeding  thirty 
thousand,  but  not  exceeding  seventy-five  thousand  inhabitants,  and  shall  be 
deemed  to  include  the  cities  of  *****  .  Title  three  shall  apply 
to  all  cities  having  a  population  less  than  thirty  thousand  inhabitants,  and 
shall  include  the  cities  of  *  *  *  *  . 

§  2.  When  any  village  or  town  within  this  State  shall  hereafter  be 
incorporated  as  a  city,  such  city  shall  become  subject  to  the  provisions  of 
title  three  of  the  laws  hereby  provided. 

§  3.  When  any  city  named  in  title  two  is  hereafter  shown  by  an 
enumeration  of  the  inhabitants  of  this  State  to  have  a  population  in  excess 
of  seventy-five  thousand  inhabitants,  then  any  said  city  having  thus  in- 
creased in  population  shall  become  subject  to  the  provisions  of  title  one  of 
this  act,  and  in  similar  manner  any  city  named  in  title  three,  which  may 
hereafter  be  shown  by  such  enumeration  to  have  increased  in  population 
beyond  a  total  population  of  thirty  thousand  inhabitants,  shall  become 
subject  to  the  provisions  of  title  two  of  this  act. 

§  4.  The  three  classes  of  laws  hereby  provided  in  their  application  to 
the  several  cities  are  intended  to  and  shall  supersede  any  and  all  charter 
provisions  or  ordinances  made  thereunder  relating  to  the  construction, 
regulation,  survey  and  inspection  of  buildings.  So  much  of  any  and  all 


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acts  as  are  inconsistent  with  the  provisions  of  this  act  are  hereby  repealed, 
and  any  and  all  regulations  or  ordinances,  or  parts  of  same,  made  by  the 
Common  Council  or  other  authorities  of  any  city,  to  which  one  of  the  three 
classes  of  laws  hereby  provided  is  to  apply,  are  hereby  declared  void  and  of 
no  effect,  so  far  as  they  or  any  of  them  may  be  inconsistent  with  the 
provisions  of  this  act. 

§  5.  It  shall  be  the  duty  of  the  Mayor  and  Common  Council,  or  of  the 
Fire  Department,  as  the  case  may  be,  in  each  of  the  several  cities  in  this 
State,  to  provide  for  the  enforcement  of  such  one  of  the  three  classes  of 
laws  relating  to  buildings  as  by  this  act  created  is  to  apply  to  any  said  city. 
The  expenses  thereof  shall  be  provided  for  in  the  same  manner  as  other 
expenses  of  such  city  government. 

§  6.  The  provisions  of  this  act  shall  not  apply  to  buildings  or 
structures  belonging  to  or  that  may  hereafter  be  erected  by  the  United 
States  or  the  State  of  New  York. 

TITLE   I. 

RELATING  TO   CITIES    HAVING   A  POPULATION    EXCEEDING 
SEVENTY-FIVE  THOUSAND  INHABITANTS. 

§  7.  There  is  hereby  created  in  each  of  the  cities  named  in  Section 
One  of  this  Act,  to  which  Title  One  is  to  apply,  a  "  Department  of 
Buildings,"  which  shall  be  charged  with  the  enforcement  of  the  provisions 
of  this  act,  as  hereby  provided  for  the  survey  and  inspection  of  buildings. 

§  8.  Within  thirty  days  after  this  act  shall  take  effect,  the  Mayor  of 
said  city  shall  nominate  and,  by  and  with  the  consent  of  the  Common 
Council,  appoint  a  Chief  Officer  for  the  Department  of  Buildings  hereby 
created,  who  shall  be  called  the  Superintendent  of  Buildings.  He  shall  be 
subject  to  removal  by  the  Mayor  after  written  charges  have  been  preferred 
against  him  and  after  he  has  had  an  opportunity  to  be  heard  thereon.  He 
shall  hold  his  office  for  three  years  and  until  his  successor  be  appointed, 
unless  sooner  removed,  and  shall  be  paid  such  salary  as  the  proper 
municipal  authorities  shall  determine.  Said  superintendent  shall  have 
power  to  appoint  a  deputy  superintendent,  inspectors,  clerks  and  employees 
in  such  number  and  at  such  compensation  as  may  be  approved  by  the 
proper  municipal  authorities.  The  said  department  shall  be  furnished,  at 
the  expense  of  the  city,  with  office  room,  and  supplied  with  furniture, 
books,  blanks,  stationery  and  other  supplies  as  may  be  necessary  for  the 
proper  transaction  of  its  business 

§  9.  Within  the  fire  limits  of  said  city,  as  they  now  are  or  may  here- 
after be  established  by  the  Common  Council  of  said  city,  no  frame  or 
wooden  building  shall  hereafter  be  built,  except  as  in  this  title  authorized. 

§  10.  The  walls  of  all  buildings,  other  than  frame  or  wooden  build- 
ings, shall  be  constructed  of  stone,  brick,  iron  or  other  hard  incombustible 
material,  and  the  several  component  parts  of  such  buildings  shall  be  as 
herein  provided. 

§  ii.  No  wall,  structure,  building,  or  part  thereof,  shall  hereafter  be 
built  or  constructed  within  said  city,  except  in  conformity  with  the  pro- 
visions of  this  title.  No  building  already  erected  or  hereafter  to  be  built,  in 


said  city,  shall  be  raised,  altered  or  built  upon,  in  any  manner  that  would  be 
in  violation  of  any  of  the  provisions  of  this  title. 

§  12.  All  excavations  shall  be  properly  guarded  and  protected  by  the 
person  or  persons  causing  the  excavation  to  be  made,  so  as  to  prevent  the 
same  trom  becoming  dangerous  to  life  or  limb,  and  shall  be  sheet-piled 
where  necessary  to  prevent  the  adjoining  earth  from  caving  in.  Whenever 
an  excavation  of  either  earth  or  rock  for  building  or  other  purposes  shall  be 
intended  to  be,  or  shall  be,  carried  to  the  depth  of  more  than  ten  feet  below 
the  street  curb,  the  person  or  persons  causing  such  excavation  to  be  made 
shall  at  all  times,  from  the  commencement  until  the  completion  thereof,  if 
afforded  the  necessary  license  to  enter  on  the  adjoining  land,  and  not  other- 
wise, at  his  or  their  own  expense,  preserve  any  adjoining  or  contiguous 
wall  or  walls  from  injury,  and  support  the  same  by  proper  foundations,  so 
that  the  said  wall  or  walls  shall  be  and  remain  practically  as  safe  as  before 
such  excavation  was  commenced,  whether  the  said  adjoining  or  contiguous 
wall  or  walls  are  down  more  or  less  than  ten  feet  below  the  street  curb.  If 
such  excavation  shall  not  be  intended  to  be,  or  shall  not  be,  carried  to  a 
depth  of  more  than  ten  feet  below  the  street  curb,  the  owner  or  owners  of 
such  adjoining  or  contiguous  wall  or  walls  shall  preserve  the  same  from 
injury,  and  so  support  the  same  by  proper  foundations  that  it  or  they  shall 
be  and  remain  practically  as  safe  as  before  such  excavation  was  commenced, 
and  shall  be  permitted  to  enter  upon  the  premises  where  such  excavation  is 
being  made  for  that  purpose,  when  necessary.  In  case  an  adjoining  party 
wall  is  intended  to  be  used  by  the  person  or  persons  causing  the  excavation 
to  be  made,  and  such  party  wall  is  in  good  condition  and  sufficient  for  the 
uses  of  the  adjoining  building,  then,  and  in  such  case,  the  person  or 
persons  causing  the  excavations  to  be  made  shall,  at  his  or  their  own 
expense,  preserve  such  party  wall  from  injury  and  support  the  same  by 
proper  foundations,  so  that  said  party  wall  shall  be  and  remain  practically 
as  safe  as  before  the  excavation  was  commenced.  If  the  person  or  persons 
whose  duty  it  shall  be  to  preserve  or  protect  any  wall  or  walls  from  injury 
shall  neglect  or  fail  so  to  do,  after  having  had  a  notice  of  twenty-four  hours 
from  the  superintendent  of  buildings,  then  the  superintendent  of  buildings 
may  enter  upon  the  premises  and  employ  such  labor  and  furnish  such 
materials,  and  take  such  steps  as,  in  his  judgment,  may  be  necessary  to 
make  the  same  safe  and  secure,  or  to  prevent  the  same  from  becoming 
unsafe  or  dangerous,  at  the  expense  of  the  person  or  persons  whose  duty  it 
is  to  keep  the  same  safe  and  secure.  Any  party  doing  the  said  work,  or  any 
part  thereof,  under  and  by  direction  of  the  said  superintendent,  may  bring 
and  maintain  an  action  against  the  person  or  persons  last  herein  referred 
to,  to  recover  the  value  of  the  work  done  and  materials  furnished,  in  and 
about  the  said  premises,  in  the  same  manner  as  if  he  had  been  employed  to 
do  the  said  work  by  the  said  person  or  persons.  When  an  excavation  is 
made  on  any  lot,  and  it  is  intended  to  use  part  of  such  excavation,  on  either 
the  side  or  rear  of  the  lot,  as  an  area,  or  space  for  light  and  air,  the  person 
or  persons  causing  such  excavation  to  be  made  shall  build  at  his  or  their 
own  cost  and  expense,  a  retaining  wall  of  sufficient  strength  to  support  the 
adjoining  earth;  and  such  retaining  wall  shall  be  carried  to  the  height  of 
the  adjoining  earth,  and  be  properly  protected  or  capped  on  top, 

§  13.     Every  building,  except  buildings  erected  upon  wharves  or  piers 


on  a  water-front,  shall  have  foundations  laid  not  less  than  four  feet  below 
the  surface  of  the  ground,  on  the  solid  earth  or  on  level  surface  of  rock,  or 
upon  piles  or  ranging  timbers  when  solid  earth  or  rock  is  not  obtainable  for 
foundations.  Piles  intended  for  a  wall,  pier  or  post  to  rest  upon,  shall  not 
be  less  than  five  inches  in  diameter  at  the  smallest  end,  and  shall  be  spaced 
not  more  than  thirty-six  inches  on  centres,  or  nearer  if  required  by  the 
superintendent  of  buildings,  and  shall  be  driven  to  a  solid  bearing.  No 
pile  shall  be  weighted  with  a  load  exceeding  forty  thousand  pounds.  The 
tops  of  all  piles  shall  be  cut  off  below  the  lowest  water  line.  When 
required,  concrete  shall  be  rammed  down  in  the  interspaces  between  the 
heads  of  the  piles  to  a  depth  and  thickness  of  not  less  than  twelve  inches 
and  for  one  foot  in  width  outside  of  the  piles.  Where  ranging  and  capping 
timbers  are  laid  on  piles  for  foundations,  they  shall  be  of  hard  wood,  not 
less  than  six  inches  thick,  and  properly  joined  together  and  their  tops  laid 
below  the  water  line.  When  crib  footings  of  iron  or  steel  are  used  below 
the  water  level,  the  same  shall  be  entirely  coated  with  coal  tar,  paraffine 
varnish,  or  other  suitable  preparation  before  being  placed  in  position. 
When  footings  of  iron  or  steel  for  columns  are  placed  below  the  water  level, 
they  shall  be  similarly  coated  for  preservation  against  rust.  Foundation 
walls  shall  be  construed  to  include  all  walls  and  piers  built  below  the  curb 
level  or  nearest  tier  of  beams  to  the  curb,  to  serve  as  supports  for  walls, 
piers,  columns,  girders,  posts  or  beams.  Foundation  walls  shall  be  built  of 
stone  or  brick.  If  built  of  stone,  they  shall  be  at  least  eight  inches  thicker 
than  the  wall  next  above  them  to  a  depth  of  twelve  feet  below  the  curb 
level;  and  for  every  additional  ten  feet,  or  part  thereof,  deeper,  they  shall 
be  increased  four  inches  in  thickness.  If  built  of  brick,  they  shall  be  at 
least  four  inches  thicker  than  the  wall  next  above  them  to  a  depth  of 
twelve  feet  below  the  curb  level;  and  for  every  additional  ten  feet,  or  part 
thereof,  deeper,  they  shall  be  increased  four  inches  in  thickness.  The  foot- 
ing or  base  course  shall  be  of  stone  or  concrete,  or  both,  or  of  concrete  and 
stepped-up  brickwork,  of  sufficient  thickness  and  area  to  safely  bear  the 
weight  to  be  imposed  thereon;  if  the  footing  or  base  course  be  of  concrete, 
the  concrete  shall  not  be  less  than  twelve  inches  thick;  if  of  stone,  the 
stones  shall  not  be  less  than  two  by  three  feet,  and  at  least  eight  inches  in 
thickness  for  walls,  and  at  least  twelve  inches  wider  than  the  bottom  width 
of  said  walls,  and  not  less  than  ten  inches  in  thickness  if  under  piers, 
columns,  or  posts,  and  at  least  twelve  inches  wider  on  all  sides  than  the 
bottom  width  of  said  piers,  columns  or  posts.  All  base  stones  shall  be  well 
bedded  and  laid  crosswise,  edge  to  edge.  If  stepped-up  footings  of  brick 
are  used  in  place  of  stone,  above  the  concrete,  the  off-sets,  if  laid  in  single 
courses,  shall  each  not  exceed  one  and  one-half  inches,  or  if  laid  in 
double  courses  shall  not  exceed  three  inches,  starting  with  the  brickwork 
covering  the  entire  width  of  the  concrete,  so  as  to  properly  distribute  the 
load  to  be  imposed  thereon.  If,  in  place  of  a  continuous  foundation  wall, 
isolated  piers  are  to  be  built  to  support  the  superstructure,  where  the  nature 
of  the  ground  and  the  character  of  the  building  make  it  necessary,  inverted 
arches  shall  be  turned  between  the  piers,  at  least  twelve  inches  thick  and  of 
the  full  width  of  the  piers,  and  resting  upon  a  continuous  bed  of  concrete  of 
sufficient  area,  and  at  least  eighteen  inches  thick;  or  two  footing  courses  of 
large  stone  may  be  used,  the  bottom  course  to  be  laid  crosswise,  edge  to 


edge,  and  the  top  course  laid  lengthwise,  end  to  end;  or  one  course  of 
concrete  and  one  course  of  stone.  The  stone  shall  not  be  less  than  ten 
inches  thick  in  each  course,  and  the  concrete  shall  not  be  less  than  eighteen 
inches  thick,  and  the  area  of  the  lower  course  shall  be  equal  to  the  area  of 
the  base  course  that  would  be  required  under  a  continuous  wall,  and  the 
outside  pier  shall  be  secured  to  the  second  piers  with  suitable  iron  rods 
and  plates.  All  stone  walls  twenty-four  inches  or  less  in  thickness  shall 
have  at  least  one  header  extending  through  the^wall  in  every  three  feet  in 
height  from  the  bottom  of  the  wall,  and  in  every  four  feet  in  length,  and  if 
over  twenty-four  inches  in  thickness,  shall  have  one  header  for  every  six 
superficial  feet  on  both  sides  of  the  wall,  laid  on  top  of  each  other  to  bond 
together,  and  running  into  the  wall  at  least  two  feet.  All  headers  shall  be 
at  least  eighteen  inches  in  width  and  eight  inches  in  thickness  and  consist 
of  good  flat  stones.  No  stone  shall  be  laid  in  such  walls  in  any  other 
position  than  on  its  natural  bed.  Before  the  walls  of  buildings  are  carried 
up  above  the  foundation  walls,  the  cellars  shall  be  connected  with  the  street 
sewers.  Should  there  be  no  sewer  in  the  street,  or  if  the  cellars  are  below 
water,  or  below  the  sewer  level,  then  provision  shall  be  made  by  the  owner 
to  prevent  water  accumulating  in  the  cellars  to  the  injury  of  the  foundations. 

§  14.  In  buildings  where  the  space  under  the  sidewalk  is  utilized,  a 
sufficient  stone  or  brick  wall  shall  be  built  to  retain  the  roadway  of  the 
street,  and  the  side,  end  or  party  walls  of  such  building  shall  extend  under 
the  sidewalk  of  sufficient  thickness  to  such  wall.  The  roofs  of  all  vaults 
shall  be  of  incombustible  material.  Openings  in  the  roofs  of  vaults  for  the 
admission  of  coal  or  light  shall  be  covered  with  glass  to  measure  not  more 
than  four  square  inches  each,  set  in  iron  frames  or  with  iron  covers  having 
a  rough  surface,  and  rabbetted  flush  with  the  sidewalk.  When  areas  are 
covered  over,  iron,  or  iron  and  glass  combined,  stone  or  other  incombustible 
materials  shall  be  used,  and  sufficient  strength  in  such  covering  shall  be 
provided  to  insure  safety  to  persons  walking  on  the  same,  and  to  carry  the 
loads  which  may  be  placed  thereon.  Open  areas  shall  be  properly  protected 
with  suitable  railings. 

§  15.  The  basement  walls  of  dwelling  houses,  not  over  thirty-five  feet 
in  height,  and  not  over  twenty  feet  in  width,  nor  more  than  forty  five  feet 
in  depth  shall  not  be  less  than  twelve  inches  thick,  if  of  brick.  The  upper 
walls  shall  not  be  less  than  eight  inches  thick;  but  no  party  wall  in  any  such 
building  shall  be  less  than  twelve  inches  thick.  The  walls  of  all  dwelling- 
houses,  whether  called  tenement-houses,  apartment-houses,  flats,  hotels  or 
other  buildings  which  are  to  be  used  for  residence  purposes,  twenty- six 
feet  or  less  in  width  between  bearing  walls,  and  also  the  walls  of  school- 
houses,  which  are  hereafter  erected,  or  which  may  be  altered  to  be  used  as 
herein  specified,  over  thirty-five  feet  in  height  and  not  over  fifty  feet  in 
height,  shall  not  be  less  than  twelve  inches  thick  above  the  foundation  wall; 
but  no  wall  shall  be  built  having  a  twelve-inch  thick  portion  measuring 
vertically  more  than  fifty  feet.  If  over  fifty  feet  in  height  and  not  over  sixty 
feet  in  height,  the  walls  shall  not  be  less  than  twelve  inches  thick  above  the 
basement,  if  a  high  stoop  house,  and  not  less  than  sixteen  inches  thick  in 
the  first  story,  if  not  a  high  stoop  house.  If  over  sixty  feet  in  height,  and 
not  over  seventy-five  feet  in  height,  the  walls  shall  not  be  less  than  sixteen 
inches  thick  to  the  height  of  twenty-five  feet,  or  to  the  nearest  tier  of  beams 


8 

to  that  height,  and  from  thence  not  less  than  twelve  inches  thick  to  the  top. 
If  over  seventy-five  feet  in  height,  and  not  over  eighty-five  feet  in  height,  the 
walls  shall  not  be  less  than  twenty  inches  thick  to  the  height  of  twenty  feet, 
or  to  the  nearest  tier  of  beams  to  that  height,  thence  not  less  than  sixteen 
inches  thick  to  the  height  of  sixty  feet,  or  to  the  nearest  tier  of  beams  to  that 
height,  and  from  thence  net  less  than  twelve  inches  thick  to  the  top.  If 
over  eighty-five  feet  in  height  and  not  over  one  hundred  feet  in  height,  the 
walls  shall  not  be  less  than  twenty-four  inches  thick  to  the  height  of  thirty- 
five  feet,  or  to  the  nearest  tier  of  beams  to  that  height,  thence  not  less  than 
twenty  inches  thick  to  the  height  of  seventy-five  feet,  or  to  the  nearest  tier 
of  beams  to  that  height,  and  from  thence  not  less  than  sixteen  inches  thick 
to  the  top.  If  over  one  hundred  feet  in  height  and  not  over  one  hundred 
and  fifteen  feet  in  height,  the  walls  shall  not  be  less  than  twenty-eight 
inches  thick  to  the  height  of  twenty-five  feet,  or  to  the  nearest  tier  of  beams 
to  that  height,  thence  not  less  than  twenty-four  inches  thick  to  the  height  of 
fifty  feet,  or  to  the  nearest  tier  of  beams  to  that  height;  thence  not  less  than 
twenty  inches  thick  to  the  height  of  ninety  feet,  or  to  the  nearest  tier  of 
beams  to  that  height,  and  from  thence  not  less  than  sixteen  inches  thick  to 
the  top.  If  over  one  hundred  and  fifteen  feet  in  height,  each  additional 
twenty-five  feet  in  height  or  part  thereof,  next  above  the  curb,  shall  be 
increased  four  inches  in  thickness,  the  upper  one  hundred  and  fifteen  feet 
of  wall  remaining  the  same  as  specified  for  a  wall  of  that  height.  All  non- 
bearing  walls  of  buildings  hereinbefore  in  this  section  specified  may  be  four 
inches  less  in  thickness,  provided,  however,  that  none  are  less  than  twelve 
inches  thick,  except  as  hereinafter  specified.  Eight-inch  brick  partition 
walls  may  be  built  to  support  the  beams  in  such  buildings  in  which  the 
distance  between  the  walls  is  not  over  thirty-three  feet;  provided,  that  no 
clear  span  is  over  twenty-six  feet;  but  no  such  partition  wall  shall  be  built 
having  an  eight-inch  thick  portion  measuring  vertically  more  than  fifty  feet. 
This  clause  shall  not  be  construed  to  prevent  the  use  of  iron  girders  or  iron 
girders  and  columns,  or  piers  of  masonry,  for  the  support  of  the  walls  and 
ceiling  over  any  room  which  has  a  clear  span  of  more  than  twenty-six  feet 
between  walls.  If  the  clear  span  is  to  be  over  twenty-six  feet,  then  the 
bearing  walls  shall  be  increased  four  inches  in  thickness  for  every  twelve 
and  one-half  feet  or  part  thereof,  that  said  span  is  over  twenty-six  feet. 
Whenever  two  or  more  dwelling-houses  shall  be  constructed,  not  over 
twelve  feet  six  inches  in  width,  and  not  over  fifty  feet  high,  the  alternate 
centre  wall  between  any  two  such  houses  shall  be  of  brick,  not  less  than 
eight  inches  thick  above  the  foundation  wall;  but  no  such  wall  shall  have 
an  eight-inch  thick  portion  measuring  vertically  more  than  fifty  feet;  and 
the  end  of  the  floor  beams  shall  be  so  separated  that  four  inches  of  brick- 
work will  be  between  the  beams  where  they  rest  on  the  said  centre  wall. 
In  no  case  shall  either  end  of  a  floor  beam  or  beams  rest  on  stud 
partitions. 

§  16.  The  walls  of  warehouses,  stores,  factories,  and  stables,  twenty- 
five  feet  or  less  in  width  between  walls  or  bearings,  shall  not  be  less  than 
twelve  inches  thick  to  the  height  of  forty  feet.  If  over  forty  feet  in  height, 
and  not  over  sixty  feet  in  height,  the  walls  shall  not  be  less  than  sixteen 
inches  thick  to  the  height  of  forty  feet,  or  to  the  nearest  tier  of  beams  to  that 
height,  and  not  less  than  twelve  inches  thick  from  thence  to  the  top.  If 


over  sixty  feet  in  height,  and  not  over  seventy-five  feet  in  height,  the  walls 
shall  not  be  less  than  twenty  inches  thick  to  the  height  of  twenty-five  feet 
or  to  the  nearest  tier  of  beams  to  that  height,  and  from  thence  not  less  than 
sixteen  inches  thick  to  the  top.  If  over  seventy-five  feet  in  height  and  not 
over  eighty-five  feet  in  height,  the  walls  shall  not  be  less  than  twenty-four 
inches  thick  to  the  height  of  twenty  feet,  or  to  the  nearest  tier  of  beams  to 
that  height;  thence  not  less  than  twenty  inches  thick  to  the  height  of  sixty 
feet,  or  to  the  nearest  tier  of  beams  to  that  height,  and  thence  not  less  than 
sixteen  inches  thick  to  the  top.  If  over  eighty-five  feet  in  height  and  not  over 
one  hundred  feet  in  height,  the  walls  shall  not  be  less  than  twenty-eight  inches 
thick  to  the  height  of  twenty-five  feet,  or  to  the  nearest  tier  of  beams  to  that 
height;  thence  not  less  than  twenty-four  inches  thick  to  the  height  of  fifty 
feet,  or  to  the  nearest  tier  of  beams  to  that  height;  thence  not  less  than 
twenty  inches  thick  to  the  height  of  seventy-five  feet,  or  to  the  nearest  tier 
of  beams  to  that  height,  and  thence  not  less  than  sixteen  inches  thick  to  the 
top.  If  over  one  hundred  feet  in  height,  each  additional  twenty-five  feet  in 
height,  or  part  thereof,  next  above  the  curb,  shall  be  increased  four  inches 
in  thickness,  the  upper  one  hundred  feet  of  wall  remaining  the  same  as 
specified  for  a  wall  of  that  height.  If  there  is  to  be  a  clear  span  of  over 
twenty-five  feet  between  walls,  the  bearing  walls  shall  be  four  inches  more 
in  thickness  than  is  in  this  section  specified,  for  every  twelve  and  one-half 
feet,  or  fraction  thereof,  that  said  walls  are  more  than  twenty-five  feet 
apart.  All  buildings,  not  excepting  dwellings,  that  are  over  one  hundred 
and  five  feet  in  depth,  without  a  cross  wall,  or  proper  piers  or  buttresses, 
shall  have  the  side  or  bearing  walls  increased  in  thickness  four  inches  more 
than  is  specified  in  the  respective  sections  of  this  title  for  the  thickness  of 
walls  for  every  one  hundred  and  five  feet,  or  part  thereof,  that  the  said 
buildings  are  over  one  hundred  and  five  feet  in  depth.  In  all  stores,  ware- 
houses and  factories  over  twenty-five  feet  in  width  between  walls  in  which 
there  shall  be  brick  partition  walls,  or  girders  supported  on  iron  or  wooden 
columns,  or  piers  of  masonry,  the  partition  walls  or  girders,  shall  be  so 
placed  that  the  space  between  any  two  partition  walls,  or  girders,  shall  not 
exceed  twenty-five  feet,  and  the  iron  or  wooden  columns,  or  piers  of 
masonry,  and  girders,  shall  be  made  of  sufficient  strength  and  size  to  bear 
safely  the  weight  and  any  lateral  strain  to  be  imposed  upon  them.  In  case 
iron  or  wooden  girders,  supported  by  iron  or  wooden  columns,  or  piers  of 
masonry,  are  substituted  in  place  of  brick  partition  walls,  the  building  shall 
not  exceed  ten  thousand  feet  area  on  the  ground  floor,  except  in  case  of 
fire-proof  buildings  which  may  be  constructed  as  hereinafter  provided  for 
in  section  twenty-three  of  this  title.  In  case  the  walls  of  any  building  are 
less  than  twenty-five  feet  apart,  and  less  than,  forty  feet  in  depth,  or  there 
are  cross  walls  which  intersect  the  wall,  not  more  than  forty  feet  distant  or 
between  the  same,  or  piers  or  buttresses  built  into  the  walls,  the  interior 
walls  may  be  reduced  in  thickness  in  just  proportion  to  the  number  of  cross 
walls,  piers  or  buttresses,  and  their  nearness  to  each  other:  provided,  how- 
ever, that  this  clause  shall  not  apply  to  walls  below  sixty  feet  in  height,  and 
that  no  such  wall  shall  be  less  than  twelve  inches  thick  at  the  top,  and 
gradually  increased  in  thickness  by  set-offs  to  the  bottom;  and  the  superin- 
tendent of  buildings  is  hereby  authorized  and  empowered  to  decide  (except 
where  herein  otherwise  provided  for)  how  much  the  walls  herein  mentioned 


10 

may  be  permitted  to  be  reduced  in  thickness,  according  to*  the  peculiar 
circumstances  of  each  case,  without  endangering  the  strength  and  safety  of 
the  building.  The  walls  of  churches,  theatres,  foundries,  machine-shops, 
car  or  stage-houses,  armories,  public  markets  not  over  two  stories  in  height, 
and  other  buildings  of  a  public  character  shall  in  no  case  be  less  than  is  in 
this  act  specified  for  warehouses;  and  said  buildings  shall  have,  in  addition 
thereto,  such  piers  or  buttresses  as,  in  the  judgment  of  the  superintendent 
of  buildings,  may  be  necessary  to  make  a  safe  and  substantial  building. 
One-story  structures,  not  exceeding  a  height  of  fifteen  feet,  may  be  built 
with  eight-inch  walls  when  the  bearing  walls  are  not  more  than  nineteen 
feet  apart,  and  the  length  of  the  eight-inch  bearing  wall  do'es  not  exceed 
forty-five  feet.  Curtain  walls  of  brick,  built  in  between  iron  or  steel 
columns,  and  supported  wholly  or  in  part  on  iron  or  steel  girders,  shall  not 
be  less  than  twelve  inches  thick  for  fifty  feet  of  the  uppermost  height 
thereof,  or  to  the  nearest  tier  of  beams  to  that  measurement,  in  any  building 
so  constructed,  and  every  lower  section  of  fifty  feet,  or  to  the  nearest  tier  of 
beams  to  such  vertical  measurement,  or  part  thereof,  shall  have  a  thickness 
of  four  inches  more  than  is  required  for  the  section  next  above  it,  down  to 
the  tier  of  beams  nearest  to  the  curb  level;  and  thence  downward  the  thick- 
ness of  walls  shall  increase  in  the  ratio  prescribed  in  section  thirteen  of 
this  title  for  the  thickness  of  foundation  walls. 

§  17.  In  all  walls  the  same  amount  of  materials  may  be  used  in  piers 
or  buttresses.  Curtain  walls  may  be  made  four  inches  less  in  thickness 
than  is  specified  respectively  for  walls  of  dwellings,  and  buildings  other 
than  dwellings.  If  any  horizontal  section  through  any  part  of  any  bearing 
wall  in  any  building  shows  more  than  twenty-five  per  centum  area  of  flues 
and  openings,  the  said  wall  shall  be  increased  four  inches  in  thickness  for 
every  ten  per  centum,  or  fraction  thereof,  or  flue  or  opening  area  in  excess 
of  twenty-five  per  centum.  All  piers  shall  be  built  of  stone  or  good,  hard, 
well-burnt  brick  laid  in  cement  mortar.  Every  pier  built  of  brick,  con- 
taining less  than  nine  superficial  feet  at  the  base,  supporting  any  beam, 
girder,  arch  or  column  on  which  a  wall  rests,  or  lintel  spanning  an  opening 
over  ten  feet  and  supporting  a  wall,  shall  at  intervals  of  not  over  thirty 
inches  apart  in  height  have  built  into  it  a  bond  stone  not  less  than  four 
inches  thick,  or  a  cast-iron  plate  of  sufficient  strength,  and  the  full  size  of 
the  piers.  Isolated  brick  piers  shall  not  exceed  in  height  eight  times  their 
least  dimensions.  Stone  piers  or  posts  for  the  support  of  posts  or  columns 
above  shall  not  be  used  in  the  interior  of  any  building.  Where  walls  or 
piers  are  built  of  coursed  stone,  with  dressed  level  beds  and  vertical  joints, 
the  superintendent  of  buildings  shall  have  the  right  to  allow  such  walls  or 
piers  to  be  built  of  a  less  thickness  than  specified  for  brick  work,  but  in  no 
case  shall  said  walls  or  piers  be  less  than  three-quarters  of  the  thickness 
provided  for  brick  work.  In  all  brick  walls  every  sixth  course  shall  be  a 
heading  course,  except  where  walls  are  faced  with  brick  in  running  bond, 
in  which  latter  case  every  sixth  course  shall  be  bonded  into  the  backing  by 
cutting  the  course  of  the  face  brick  and  putting  in  diagonal  headers  behind 
the  same,  or  by  splitting  the  face  brick  in  half  and  backing  the  same  with  a 
continuous  row  of  headers.  All  stone  used  for  the  facing  of  any  building, 
and  known  as  ashlar  shall  not  be  less  than  four  inches  thick.  Stone 
ashlar  shall  be  anchored  to  the  backing  and  the  backing  shall  be  of  such 


II 

thickness  as  to  make  the  walls  (independent  of  the  ashlar)  conform  to  the 
thickness  required  by  sections  fifteen  and  sixteen  of  this  title.  Iron  ashlar 
plates  used  in  imitation  of  stone  ashlar  on  the  face  of  a  wall  shall  be  backed 
up  with  the  same  thickness  of  brick  work  as  stone  ashlar.  Walls  heretofore 
built  for  or  used  as  party  walls,  whose  thickness  at  the  time  of  their 
erection  was  in  accordance  with  the  requirements  of  the  then  existing  laws, 
but  which  are  not  in  accordance  with  the  requirements  of  this  title,  may  be 
used  if  in  good  condition  for  the  ordinary  uses  of  party  walls,  provided  the 
height  of  the  same  be  not  increased.  In  case  it  is  desired  to  increase  the 
height  of  existing  party  or  independent  walls,  which  walls  are  less  in 
thickness  than  required  under  this  title,  the  same  shall  be  done  by  a  lining 
of  brick  work  to  form  a  combined  thickness  with  the  old  wall  of  not  less 
than  four  inches  more  than  the  thickness  required  for  a  new  wall  corres- 
ponding with  the  total  height  of  the  wall  when  so  increased  in  height.  The 
said  linings  shall  be  supported  on  proper  foundations  and  carried  up  to 
such  height  as  the  superintendent  of  buildings  may  require.  No  lining 
shall  be  less  than  eight  inches  in  thickness,  and  all  lining  shall  be  laid  up 
in  cement  mortar  and  thoroughly  anchored  to  the  old  brick  walls  with 
suitable  wrought  iron  anchors,  placed  two  feet  apart  and  properly  fastened 
or  driven  into  the  old  walls  in  rows  alternating  vertically  and  horizontally 
with  each  other,  the  old  walls  being  first  cleaned  of  plaster  or  other  coat- 
ings where  any  lining  is  to  be  built  against  the  same.  In  no  case  shall  any 
wall  or  walls  of  any  building  be  carried  up  more  than  two  stories  in  advance 
of  any  other  wall,  except  by  permission  of  the  superintendent  of  buildings. 
The  front,  rear,  side  and  party  walls  shall  be  properly  bonded  together,  or 
anchored  to  each  other  every  six  feet  in  their  height  by  wrought-iron  tie 
anchors,  not  less  than  one  and  a  half  inches  by  three-eights  of  an  inch  in 
size,  and  not  less  than  twenty-four  inches  long.  The  walls  of  every  build- 
ing, during  the  erection  or  alteration  thereof,  shall  be  strongly  braced  from 
the  beams  of  each  story,  and  when  required,  shall  also  be  braced  from  the 
outside,  until  the  building  is  inclosed.  The  roof  tier  of  wooden  beams 
shall  be  safely  anchored,  with  plank  or  j«ist,  to  the  beams  of  the  story 
below  until  the  building  is  inclosed. 

§  18.  The  walls  of  all  buildings  below  the  curb  level,  or  the  first  tier 
of  floor  beams  nearest  thereto,  shall  be  laid  in  cement  mortar,  and  the 
backing  up  of  all  stone  ashlar  shall  also  be  laid  up  with  cement  mortar,  or 
cement  mortar  and  lime  mortar  mixed,  but  this  shall  not  prohibit  the 
parging  of  the  back  of  the  ashlar  with  lime  mortar.  All  other  walls  built  of 
brick  or  stone  shall  be  laid  in  lime  or  cement  mortar,  or  in  lime  and  cement 
mortar  mixed.  In  all  walls  that  are  built  hollow,  the  same  quantity  of 
stone  or  brick  shall  be  used  in  their  construction  as  if  they  were  built  solid, 
as  in  this  title  provided,  and  no  hollow  wall  shall  be  built  unless  the  parts 
of  same  are  connected  by  proper  ties,  either  of  brick,  stone  or  iron,  placed 
not  over  twenty-four  inches  apart.  The  inside  four  inches  of  all  walls  may 
be  built  of  hard-burnt  hollow  clay  or  porous  terra  cotta  blocks,  properly 
tied  and  bonded  into  the  wall,  and  of  the  dimensions  of  ordinary  bricks. 
All  exterior  and  division  or  party  walls  over  fifteen  feet  high,  excepting 
where  such  walls  are  to  be  finished  with  cornices,  gutters  or  crown  mold- 
ings, shall  have  parapet  walls  carried  two  feet  above  the  roof,  and  shall  be 
coped  with  stone,  well-burnt  terra  cotta  or  cast  iron.  Recesses  for  stair- 


12 

ways  or  elevators  may  be  left  in  the  foundation  or  cellar  walls  of  all  build- 
ings, but  in  no  case  shall  the  walls  be  of  less  thickness  than  the  walls  of 
the  third  story,  unless  reinforced  by  additional  piers,  with  iron  girders  or 
iron  columns  and  girders,  securely  anchored  to  walls  on  each  side  of  recess. 
No  chase  for  water  or  other  pipes  shall  be  made  in  any  wall  more  than  one- 
third  of  its  thickness,  and  the  chases  around  said  pipe  or  pipes  shall  be 
filled  up  with  solid  masonry  for  the  space  of  one  foot  at  the  top  and  bottom 
of  each  story.  Recesses  for  alcoves  and  similar  purposes  shall  in  no  case 
have  less  than  eight  inches  of  brick  work  at  the  back  of  such  recesses,  and 
provided  that  such  recesses  shall  not  be  more  than  eight  feet  in  width,  and 
shall  be  arched  over  and  not  carried  up  higher  than  eighteen  inches  below 
the  bottom  of  the  beams  of  the  floor  next  above.  The  aggregate  area  of 
recesses  in  any  wall  shall  not  exceed  one-fourth  of  the  whole  area  of  the 
face  of  the  wall  on  any  story,  nor  shall  any  such  recess  be  made  within  a 
distance  of  six  feet  from  any  other  one  in  the  same  wall.  In  all  furred  or 
studded  walls  the  course  of  brick  above  the  under  side  and  below  the  top 
of  each  tier  of  floor  beams  shall  project  the  thickness  of  the  furring  or 
studs,  to  more  effectually  prevent  the  spread  of  fire.  The  walls  and  piers 
of  all  buildings  shall  be  properly  bonded  and  solidly  put  together  with 
close  joints  filled  with  mortar.  They  shall  be  built  to  a  line  and  be  carried 
up  plumb  and  straight.  The  walls  of  each  story  shall  be  built  up  the  full 
thickness  to  the  top  of  the  beams  above.  All  brick  laid  in  non-freezing 
weather  shall  be  well  wet  immediately  before  being  laid.  Walls  or  piers, 
or  parts  of  walls  or  piers,  shall  not  be  built  in  freezing  weather,  and  if 
frozen,  shall  not  be  built  upon.  The  brick  used  in  all  buildings  shall  be 
good,  hard,  well-burnt  brick.  The  sand  used  for  mortar  in  all  buildings 
shall  be  clean,  sharp,  sand,  and  shall  not  be  finer  than  the  standard 
samples  kept  in  the  office  of  the  superintendent  of  buildings.  Cement 
mortar  shall  be  made  of  sand  and  cement  in  the  proportion  of  not  more 
than  three  parts  of  sand  to  one  part  of  cement  and  shall  be  used  immedi- 
ately after  being  mixed.  Lime  mortar  shall  be  made  of  not  more  than  four 
parts  of  sand  to  one  part  of  lime,  and  shall  not  be  used  until  thoroughly 
slaked.  Cement  and  lime  mortar  shall  be  made  of  one  part  of  lime,  one 
part  of  cement  and  three  parts  of  sand  to  each.  Concrete  for  foundations 
shall  be  made  of  one  part  of  cement,  two  parts  of  sand  and  five  parts  of 
small,  clean  broken  stone,  or  one-half  of  the  five  parts  may  be  clean  gravel 
and  the  other  half  small,  clean  broken  stone,  all  carefully  mixed. 

§  19  Every  building  hereafter  altered  to  be  occupied  as  a  hotel,  and 
every  building  hereafter  erected  or  altered  to  be  occupied  as  a  lodging- 
house,  and  every  tenement-house,  apartment-house  and  dwelling-house  five 
stories  in  height,  or  having  a  basement  and  four  stories  in  height  above  a 
cellar,  hereafter  erected  or  altered  to  be  occupied  by  one  or  more  families 
on  any  floor  above  the  first,  shall  have  the  first  floor  above  the  cellar  or 
lowest  story  constructed  fire-proof  with  iron  or  steel  beams  and  brick 
arches.  The  stairs  from  the  cellar  or  lowest  story  to  the  fire-proof  floor 
next  above,  when  placed  within  any  such  building,  shall  be  inclosed  with 
brick  walls.  The  opening  through  the  brick  wall  of  such  inclosure 
into  the  lowest  story  shall  have  an  iron  door  or  a  tin-covered  wooden  door 
constructed  as  hereinafter  described  in  section  thirty  of  this  title,  and  shall 
be  self-closing.  Every  such  building  exceeds  five  stories  in  height,  or 


having  a  basement  and  five  stories  in  height  above  a  cellar,  shall  be 
constructed  as  in  this  section  before  described,  and  shall  also  have  the 
halls  and  stairs  inclosed  with  twelve-inch  brick  walls.  Eight-inch  brick  walls 
not  exceeding  fifty  feet  in  their  vertical  measurement,  may  inclose  said  halls 
and  stairs,  and  be  used  as  bearing  walls  where  the  distance  between  the  out- 
side bearing  walls  does  not  exceed  thirty-three  feet  and  the  area  between 
the  said  brick  enclosure  walls  does  not  exceed  two  hundred  superficial 
feet.  The  floors,  stairs  and  ceilings  in  said  halls  and  stairways  shall  be 
made  of  iron,  brick,  stone  or  other  hard  incombustible  materials,  excepting 
that  the  flooring  and  sleepers  underneath  the  same  may  be  of  wood  and  the 
treads  and  handrails  of  tht  stairs  may  be  of  hard  wood,  provided  that 
where  wooden  treads  are  used  the  underside  of  the  stairs  shall  be  entirely 
lathed  with  iron  or  wire  lath  and  plastered  thereon,  or  covered  with  metal. 
At  least  one  flight  of  such  stairs  in  each  of  said  buildings  shall  extend  to 
the  roof,  and  be  inclosed  in  a  bulkhead  built  of  fire-proof  materials. 
When  the  said  halls  and  stairways  are  placed  centrally  in  or  back  from 
the  front  line  of  the  building,  a  connecting  fire-proof  hallway  inclosed  with 
brick  walls  shall  be  provided  on  the  first  story  and  extend  to  the  street. 
In  every  building  hereafter  erected,  all  the  walls  or  partitions  forming 
interior  light  or  vent  shafts  shall  be  built  of  brick,  or  such  other  fire-proof 
materials  as  may  be  approved  by  the  superintendent  of  buildings.  The 
walls  of  all  light  or  vent  shafts,  whether  exterior  or  interior,  hereafter 
erected,  shall  be  carried  up  not  less  than  three  feet  above  the  level  of  the 
roof.  Eight-inch  brick  and  six-inch  and  four-inch  hollow  tile  partition 
walls  of  hard-burnt  clay,  or  porous  terra  cotta,  may  be  built,  not  exceeding 
in  their  vertical  portion  a  measurement  of  fifty,  thirty-six  and  twenty-four 
feet  respectively,  and  in  their  horizontal  measurement  a  length  not  exceed- 
ing seventy-five  feet,  unless  strengthened  by  proper  cross  walls,  piers  or 
buttresses  bonded  into  same.  All  such  walls  shall  be  carried  on  proper 
foundations,  or  on  iron  girders,  or  on  iron  girders  and  columns  or  piers  of 
masonry.  One  line  of  fore  and  aft  partitions  in  the  cellar  or  lowest  story, 
supporting  stud  partitions  above,  in  all  buildings  over  eighteen  feet  between 
bearing  walls  in  the  cellar  or  lowest  story,  hereafter  erected,  shall  be  con- 
structed of  brick,  not  less  than  eight  inches  thick,  or  piers  of  brick  with 
openings  arched  over  below  the  underside  of  the  first  tier  of  beams,  or  piers 
of  brick,  or  iron  columns,  with  wooden  girders  when  the  first  tier  of  floor 
beams  are  of  wood,  or  iron  or  steel  girders  when  the  floor  beams  are  of  iron 
or  steel,  or  rolled  iron  or  steel  beams  of  sufficient  strength  to  span  the 
entire  width  for  the  first  tier  of  beams  may  be  used,  and  the  stairs  shall  be 
inclosed  by  a  suitable  brick  wall  carried  up  to  the  top  of  the  tier  of  beams 
nearest  the  curb  line.  Fore  and  aft  stud  partitions  and  such  other  main 
stud  partitions  as  may  be  required  by  the  superintendent  of  buildings, 
which  may  be  placed  in  the  cellar  or  lowest  story  of  any  building,  shall 
have  good  solid  stone  or  brick  foundation  walls  under  the  same,  which 
shall  be  built  up  to  the  top  of  the  floor  beams  or  sleepers,  and  the  sills  of 
said  partitions  shall  be  of  locust  or  other  suitable  hardwood;  but  if  the 
walls  are  built  five  inches  higher  of  brick  than  the  top  of  the  floor  beams  or 
sleepers,  any  wooden  sill  may  be  used  on  which  the  studs  shall  be  set. 
Fore  and  aft  stud  partitions  that  rest  directly  over  each  other  shall  run 
through  the  wooden  floor  beams  and  rest  on  the  plate  of  the  partition 


14 

below,  and  shall  have  the  studding  filled  in  solid  between  the  uprights  to 
the  depth  of  the  floor  beams  with  brick  laid  in  mortar  or  other  suitable  in- 
combustible materials.  All  girders  supporting  the  first  tier  of  wooden 
beams  in  buildings  shall  be  supported  by  brick  piers,  or  iron,  locust  or 
other  suitable  hard  wood,  posts  of  sufficient  strength  on  proper  foun- 
dations. The  floor  of  the  cellar  or  lowest  story  in  every  dwelling-house, 
tenement-house,  apartment-house,  lodging-house  and  hotel  hereafter 
erected,  shall  be  concreted  with  suitable  materials  not  less  than  three 
inches  thick.  The  ceiling  over  every  cellar  or  lowest  floor  in  dwelling- 
houses  more  than  three  stories  in  height,  when  the  beams  are  of  wood, 
shall  be  lathed  with  metal  lath  and  plastered  thereon  with  two  coats  of 
brown  mortar  of  good  materials.  When  wood  wainscoting  is  used,  in  any 
building  hereafter  erected,  the  surface  of  the  wall  or  partition  behind  such 
wainscoting  shall  be  plastered  down  to  the  floor  line,  and  any  intervening 
space  between  the  said  plastering  and  wainscoting  shall  be  filled  in  solid 
with  incombustible  material. 

§  20.  Openings  for  doors  and  windows  in  all  buildings,  except  as 
otherwise  provided,  shall  have  good  and  sufficient  arches  of  stone,  brick  or 
terra  cotta,  well  built  and  keyed  with  good  and  sufficient  abutments,  or 
lintels  of  stone  as  follows:  For  an  opening  not  more  than  four  feet  in 
width,  the  lintel  shall  not  be  less  than  eight  inches  in  height;  and  for  an 
opening  not  more  than  six  feet  in  width,  the  lintel  shall  not  be  less  than 
twelve  inches  in  height;  and  for  an  opening  exceeding  six  feet  in  width, 
and  not  more  than  eight  feet  in  width,  the  lintel  shall  be  the  full  thickness 
of  the  wall  to  be  supported,  and  not  less  than  fifteen  inches  in  height. 
Every  stone  lintel  over  such  opening  six  feet  or  less  in  width,  in  all  walls, 
shall  not  be  less  than  four  inches  thick,  and  shall  have  a  bearing  at  each 
end  of  not  less  than  five  inches  on  the  wall.  On  the  inside  of  all  openings 
in  which  the  stone  lintel  shall  be  less  than  the  thickness  of  the  wall  to  be 
supported,  there  shall  be  a  good  timber  lintel  on  the  inside  of  the  stone 
lintel,  which  shall  rest  at  each  end  not  more  than  three  inches  on  any  wall, 
and  shall  be  chamfered  at  each  end,  and  shall  have  a  double  row-lock  or 
bonded  arch  turned  over  the  timber  lintel.  Or  the  inside  lintel  may  be  of 
cast-iron,  and  in  such  case  stone  blocks  or  cast-iron  plates  shall  not  be 
required  at  the  ends  where  the  lintel  rests  on  the  walls,  provided  the  open- 
ing is  not  more  than  six  feet  in  width. 

§  21.  The  height  of  all  walls  shall  be  measured  from  the  curb  level  at 
the  centre  of  the  building  to  the  top  of  the  highest  point  of  the  roof  beams 
in  the  case  of  flat  roofs,  and  for  high-pitched  roofs  the  average  of  the 
height  of  the  gable  shall  be  taken  as  the  highest  point  of  the  wall.  In  case 
the  wall  is  carried  on  iron  girders  or  iron  girders  and  columns,  or  piers  of 
masonry,  the  measurement,  as  to  height,  may  be  taken  from  the  top  of  such 
girder.  When  the  walls  of  a  structure  do  not  adjoin  the  street,  then  the 
average  level  for  the  ground  adjoining  the  walls  may  be  taken  instead  of 
the  street  curb  level  for  the  height  of  such  structure.  The  width  of  build- 
ings, for  the  purposes  of  this  title,  shall  be  determined  by  the  way  the 
beams  are  placed.  The  lengthwise  of  the  beams  may  be  considered  and 
taken  to  be  the  widthwise  of  the  building,  and  the  bearing  walls  are  those 
walls  on  which  the  beams  or  trusses  rest. 

§  22.     In  every  building  used  as  a  dwelling-house,   tenement-house, 


15 

apartment-house,  lodging-house,  school-house  or  hotel,  each  floor  shall  be 
of  sufficient  strength  in  all  its  parts  to  bear  safely  upon  every  superficial 
foot  of  its  surface  seventy  pounds;  and  if  to  be  used  for  office  purposes, 
not  less  than  one  hundred  pounds  upon  every  superficial  foot;  if  to  be 
used  as  a  place  of  public  assembly,  one  hundred  and  twenty  pounds;  and 
if  to  be  used  as  a  store,  factory,  warehouse,  or  for  any  other  manufacturing 
or  commercial  purpose,  one  hundred  and  fifty  pounds  and  upwards  upon 
every  superficial  foot.  Every  floor  shall  be  of  sufficient  strength  to  bear 
safely  the  weight  to  be  imposed  thereon  in  addition  to  the  weight  of  the 
materials  of  which  the  floor  in  composed.  The  roof  of  all  buildings  shall 
be  proportioned  to  bear  safely  fifty  pounds  upon  every  superficial  foot  of 
their  surface  in  addition  to  the  weight  of  the  material  composing  the  same. 
Every  column,  post  or  other  vertical  support  shall  be  of  sufficient  strength 
to  bear  safely  the  weight  of  the  portion  of  each  and  every  floor  depending 
upon  it  for  support  in  addition  to  the  weight  required  as  before  stated  to  be 
supported  safely  upon  said  portions  of  said  floors.  The  dimensions  of  each 
piece  or  combination  of  materials  required  shall  be  ascertained  by  compu- 
tation, according  to  the  rules  given  in  Haswell's  Mechanics'  and  Engineers' 
Pocket  Book,  except  as  may  be  otherwise  provided  for  in  this  title.  The 
strength  of  all  columns  and  posts  shall  be  computed  according  to  Gordon's 
Formula,  and  the  crushing  weights  in  pounds,  to  the  square  inch  of  section, 
for  the  following  named  materials,  shall  be  taken  as  the  coefficients  in  said 
formula,  namely:  Cast  iron,  eighty  thousand;  wrought  or  rolled  iron,  forty 
thousand;  rolled  steel,  forty-eight  thousand;  white  pine  and  spruce,  three 
thousand  five  hundred;  pitch  or  Georgia  pine,  five  thousand;  American  oak, 
six  thousand.  The  breaking  strength  of  wooden  beams  and  girders  shall  be 
computed  according  to  the  formula  in  which  the  constants  for  tranverse 
strains  for  central  loads  shall  be  as  follows,  namely:  Hemlock,  four 
hundred;  white  pine,  four  hundred  and  fifty;  spruce,  four  hundred  and  fifty; 
pitch  or  Georgia  pine  and  American  oak,  five  hundred  and  fifty;  and  for 
wooden  beams  and  girders  carrying  a  uniformly  distributed  load  the  con- 
stants will  be  double.  The  factors  of  safety  shall  be  as  one  to  four  for  all 
beams,  girders  and  other  pieces,  subject  to  a  transverse  strain;  and  as  one  to 
four  for  all  posts,  columns  and  other  vertical  supports  when  of  wrought 
iron  or  rolled  steel,  and  as  one  to  five  for  other  materials,  subject  to  a  com- 
pressive  strain;  and  as  one  to  six  for  tie-rods,  tie-beams,  and  other  pieces 
subject  to  a  tensile  strain.  Good,  solid,  natural  earth  shall  be  deemed  to 
safely  sustain  a  load  of  four  tons  to  the  superficial  foot,  or  as  otherwise 
determined  by  the  superintendent  of  buildings,  and  the  width  of  the  footing 
courses  shall  be  at  least  sufficient  to  meet  this  requirement.  In  computing 
the  weight  of  walls,  a  cubic  foot  of  brick  work  shall  be  deemed  to  weigh  one 
hundred  and  fifteen  pounds.  Sandstone,  white  marble,  granite  and  other 
kinds  of  building  stone  shall  be  deemed  to  weigh  one  hundred  and  sixty 
pounds  per  cubic  foot.  The  safe-bearing  load  to  apply  to  good  brick  work 
shall  be  taken  at  eight  tons  per  superficial  foot,  when  good  lime  mortar  is 
used;  eleven  and  one-half  tons  per  superficial  foot  when  good  lime  and 
cement  mortar  mixed  is  used;  and  fifteen  tons  per  superficial  foot  when 
good  cement  mortar  is  used.  The  safe-bearing  load  to  apply  to  good 
concrete  shall  be  taken  at  eleven  tons  per  superficial  foot.  Every  temporary 
support  placed  under  any  structure,  wall,  girder  or  beam,  during  the  erection, 


i6 

finishing,  alteration  or  repairing  of  any  building  or  structure,  or  any  part 
thereof,  shall  be  of  sufficient  strength  to  safely  carry  the  load  to  be  placed 
thereon.  In  all  warehouses,  storehouses,  factories,  workshops,  and  stores 
where  heavy  materials  are  kept  or  stored,  or  machinery  introduced,  the 
weight  that  each  floor  will  safely  sustain  upon  each  superficial  foot  thereof, 
shall  be  estimated  by  the  owner  or  occupant,  or  by  a  competent  person  em- 
ployed by  the  owner  or  occupant.  Before  any  building  hereafter  erected  is 
occupied  and  used,  in  whole  or  in  part,  for  any  of  the  purposes  aforesaid, 
and  before  any  building,  erected  prior  to  the  passage  of  this  act  but  not  at 
such  time  occupied  for  any  of  the  aforesaid  purposes  is  occupied  or  used,  in 
whole  or  in  part,  for  any  of  said  purposes,  the  weight  that  each  floor  will 
safely  sustain  upon  each  superficial  foot  thereof,  shall  be  ascertained  and 
posted  in  a  conspicuous  place  on  each  story  of  the  building  to  which  it 
relates.  The  weight  placed  on  any  of  the  floors  of  any  building  shall  be 
safely  distributed  thereon,  and  the  superintendent  of  buildings  may  require 
the  owner  or  occupant  of  any  building,  or  of  any  portion  thereof,  to 
redistribute  the  load  on  any  floor,  or  to  lighten  such  load,  as  he  may  direct, 
where  he  may  deem  the  same  to  be  necessary  for  the  protection  of  life  and 
property.  No  person  shall  place  or  cause  or  permit  to  be  placed  on  any 
floor  of  any  building  any  greater  load  than  the  safe  load  thereof,  as  correctly 
estimated  and  ascertained  as  herein  provided.  If  the  superintendent  of 
buildings  shall  have  cause  to  doubt  the  correctness  of  said  estimate  he  is 
empowered  to  revise  and  correct  the  same,  and  for  the  purpose  of  such 
revision  the  officers  and  employes  of  said  department  of  buildings  may  enter 
any  building  and  remove  so  much  of  any  floor  or  other  portion  thereof  as 
may  be  required  to  make  necessary  measurements  and  examinations,  and 
any  expense  necessarily  incurred  in  removing  any  floor  or  other  portion  of 
any  building  for  the  purpose  of  making  any  examination  herein  provided  for 
shall  be  paid  by  the  city  treasurer  upon  the  requisition  of  the  superintendent 
of  buildings,  out  of  the  fund  paid  over  to  him  under  the  provisions  of 
section  fifty-four  of  this  act.  Such  expenses  shall  be  a  charge  against  the 
person  or  persons  by  whom  or  on  whose  behalf  said  estimate  was  made,  and 
shall  be  collected  in  an  action  to  be  brought  in  the  name  of  said  department 
of  buildings  or  fire  department,  as  the  case  may  be,  against  said  person  or 
persons,  and  the  sum  so  collected  shall  be  paid  over  to  the  said  city 
treasurer  to  be  deposited  in  said  fund  in  reimbursement  of  the  amount  paid 
as  aforesaid. 

§  23.  Every  building  hereafter  erected  to  be  used  as  a  hotel  or  school- 
house,  the  height  of  which  exceeds  sixty  feet,  and  every  building  hereafter 
erected  or  altered  to  be  used  as  a  hospital,  asylum,  or  institution  for  the 
treatment  of  persons,  the  height  of  which  exceeds  forty-five  feet,  and  every 
other  building  the  height  of  which  exceeds  seventy-five  feet,  except  grain 
elevators  and  buildings  for  which  specifications  and  plans  have  been  here- 
tofore submitted  to  and  approved  by  the  proper  authorities,  shall  be  built 
fire-proof;  that  is  to  say,  they  shall  be  constructed  with  walls  of  brick, 
stone,  iron  or  other  hard,  incombustible  material,  in  which  wooden  beams 
or  lintels  shall  not  be  placed,  and  in  which  the  floors  and  roofs  shall  be  of 
materials  similar  to  the  walls.  The  stairs  and  staircase  landings  shall  be 
built  entirely  of  brick,  stone,  iron,  or  other  hard,  incombustible  materials. 
No  woodwork  or  other  inflammable  material  shall  be  used  in  any  of  the 


17 

partitions,  furrings,  or  ceilings  in  any  such  fire-proof  buildings,  excepting, 
however,  that  the  doors  and  windows,  and  their  frames,  the  trims,  the 
casings,  the  interior  finish  when  filled  solid  at  the  back  with  fire-proof 
material,  and  the  floor  boards  and  sleepers  directly  thereunder,  may  be  of 
wood.  In  all  fire-proof  buildings  the  following  rules  shall  be  observed: 

1.  All  cast-iron,  wrought-iron,  or  rolled  steel  columns  shall  be  made 
true  and  smooth  at  both  ends,  and  shall  rest  on  iron  or  steel  bed  plates,  and 
have  iron  or  steel  cap  plates,  which  shall  also  be  made  true.    All  iron  or 
steel  trimmer  beams,  headers  and  tail  beams,  shall  be  suitably  framed  and 
connected  together,  and  the  iron  girders,  columns,  beams,  trusses  and  all 
other  iron  work  of  all  floors  and  roofs  shall  be  strapped,  bolted,  anchored 
and   connected   together   and   to   the   walls,   in   a   strong  and   substantial 
manner.    Where  beams  are  framed  into  headers,  the  angle  irons  which  are 
bolted  to  the  tail  beams  shall  have  at  least  two  bolts  for  all  beams  over 
seven  inches  in  depth,  and  three  bolts  for  all  beams  twelve  inches  and  over 
in  depth,  and  these  bolts  shall  not  be  less  than  three-quarters  of  an  inch  in 
diameter.     Each  one  of  such  angles  or  knees,  when  bolted  to  girders,  shall 
have  the  same  number  of  bolts  as  stated  for  the  other  leg.     The  angle  iron 
in  no  case  shall  be  less  in  thickness  than  the  header  or  trimmer  to  which  it 
is  bolted;  and  the  width  of  angle  in  no  case  shall  be  less  than  one-third  of 
the  depth  of  beam,  excepting  that  no  angle  knee  shall  be  less  than  two 
and    a  half    inches    wide,   nor    required    to    be    more    than    six    inches 
wide.      All   wrought   iron   or   rolled    steel  beams  eight   inches   deep  and 
under   shall   have   bearings   equal   to  their   depth,   if   resting   on    a   wall; 
nine   to   twelve-inch  beams  shall   have   a  bearing  of  ten  inches,  and  all 
beams  more  than  twelve  inches  in  depth  shall  have  bearings  of  not  less  than 
twelve  inches  if  resting  on  a  wall.    Where  beams  rest  on  iron  supports,  and 
are  properly  tied  to  the  same,  no  greater  bearings  shall  be  required  than 
one-third  of  the  depth  of  the  beams.     Iron  or  steel  floor  beams  shall  be  so 
arranged  as  to  spacing  and  length  of  beams  that  the  load  to  be  supported  by 
them,  together  with  the  weights  of  the  materials  used  in  the  construction  of 
the  said  floors  shall  not  cause  a  deflection  of  the  said  beams  of  more  than 
one-thirtieth  of  an  inch  per  linear  foot  of  span;  and  they  shall  be  tied 
together  at   intervals   of    not  more   than    eight   times    the    depth    of    the 
beam. 

2.  Under  the  ends  of  all  iron  or  steel  beams  where  they  rest  on  the 
walls,  a  stone  or  cast-iron  template  shall  be  built  into  the  walls.     Said  tem- 
plate shall  be  eight  inches  wide,  in  twelve-inch  walls,  and  in  all  walls  of 
greater  thickness  said  template  shall  be  twelve  inches  wide,  and  such  tem- 
plates, if  of  stone,  shall  not  be  in  any  case  less  than  two  and  one-half  inches 
in  thickness,  and  no  template  shall  be  less  than  twelve  inches  long. 

3.  All  brick  or  stone  arches  placed  between  iron  or  steel  floor  beams 
shall  be  at  least  four  inches  thick,  and  have  a  rise  of  at  least  one  and  a 
quarter  inches  to  each  foot  of  span  between  the  beams.    Arches  of  over  five 
feet  span  shall  be  properly  increased  in  thickness,  as  required  by  the  super- 
intendent of  buildings,  or  the  space  between  the  beams  may  be  filled  in 
with  sectional  hollow  brick  of  hard-burnt  clay,  porous  terra  cotta,  or  some 
equally  good  fire-proof  material,  having  a  depth  of  not  less  than  one  and 
one-quarter  inches  to  each  foot  of  span,  a  variable  distance  being  allowed  of 
not  over  six  inches  in  the  span  between  the  beams.     The  said  brick  arches 


i8 

shall  be  laid  to  a  line  on  the  centers,  with  close  joints,  and  the  bricks  shall 
be  well  wet,  and  the  joints  filled  with  cement  mortar  in  proportions  of  not 
more  than  two  of  sand  to  one  of  cement  by  measure.  The  arches  shall  be 
well  grouted  and  pinned  or  chinked  with  slate,  and  keyed.  The  bottom 
flanges  of  all  wrought-iron  or  rolled  steel  floor  beams,  and  all  exposed  por- 
tions of  such  beams  below  the  abutments  of  the  floor  arches  shall  be  entirely 
encased  with  hard-burnt  clay  or  porous  terra  cotta,  or  with  wire  metal  lath 
properly  secured  and  plastered  on  the  under  side.  The  exposed  sides  and 
bottom  plates  or  flanges  of  wrought-iron  or  rolled  steel  girders  supporting 
iron,  steel  or  wooden  floor  beams,  or  supporting  floor  arches  or  floors,  shall 
be  entirely  encased  in  the  same  manner. 

§  24.  All  iron  or  steel  lintels  shall  have  bearings  proportionate  to  the 
weight  to  be  imposed  thereon,  but  no  lintel  used  to  span  any  opening 
more  than  ten  feet  in  width  shall  have  a  bearing  less  than  twelve  inches  at 
each  end,  if  resting  on  a  wall,  but  if  resting  on  an  iron  post,  such 
lintel  shall  have  a  bearing  of  at  least  six  inches  at  each  end,  by  the 
thickness  of  the  wall  to  be  supported.  If  the  posts  are  to  be  party 
posts  in  front  of  a  party  wall,  and  are  to  be  used  for  two  buildings, 
then  the  said  posts  shall  not  be  less  than  sixteen  inches  on  the  face  by  the 
thickness  of  the  wall  above,  and  if  the  party  wall  be  more  than  sixteen 
inches  thick,  then  the  post  shall  be  the  thickness  of  the  wall  on  the  face. 
Intermediate  posts  may  be  used,  which  shall  be  sufficiently  strong,  and  the 
lintels  thereon  shall  have  sufficient  bearings  to  carry  the  weight  above  with 
safety.  When  the  lintels  or  girders  are  supported  at  the  ends  by  brick 
walls  or  piers  they  shall  rest  upon  cut  granite  or  blue  stone  blocks  at  least 
twelve  inches  thick,  or  upon  cast-iron  plates  of  equal  strength  by  the  full 
size  of  the  bearings.  In  case  the  opening  is  less  than  twelve  feet,  the  stone 
blocks  may  be  six  inches  in  thickness,  or  cast-iron  plates  of  equal  strength 
by  the  full  size  of  the  bearings  may  be  used.  This  requirement  shall  not 
apply  to  the  cast-iron  lintels  used  at  the  back  of  stone  lintels  over  openings 
not  exceeding  six  feet  in  width.  In  all  cases  where  the  girder  carries  a 
wall  and  rests  on  brick  piers  or  walls,  the  bearings  shall  be  sufficient  to 
support  the  weight  above  with  safety.  No  cast-iron  lintel  or  beam  shall  be 
less  than  three-quarters  of  an  inch  in  thickness  in  any  of  its  parts.  Iron 
beams  or  girders  used  to  span  openings  more  than  sixteen  feet  in  width, 
upon  which  walls  rest  or  upon  which  floor  beams  are  carried,  shall  be  of 
wrought-iron  or  rolled  steel  and  of  sufficient  strength,  or  cast-iron  arch 
girders  may  be  used  having  a  rise  of  not  less  than  one  inch  to  each  foot  of 
span  between  the  bearings,  with  one  or  more  wrought-iron  tie-rods  of 
sufficient  strength  to  resist  the  thrusts,  well  fastened  at  each  end  of  the 
girder.  All  lintels  or  girders  placed  over  any  opening  in  the  front,  rear  or 
side  of  a  building,  or  returned  over  a  corner  opening,  when  supported  by 
brick  or  stone  piers  or  iron  columns,  shall  be  of  iron  or  steel  and  of  the  full 
breadth  of  the  wall  supported.  In  all  buildings  hereafter  erected  or 
altered,  where  any  iron  or  steel  column  or  columns  are  used  to  support  a 
wall  or  part  thereof,  whether  the  same  be  an  exterior  or  an  interior  wall, 
excepting  a  wall  fronting  on  a  street,  and  columns  located  below  the  level 
of  the  sidewalk  which  are  used  to  support  exterior  walls  or  arches  over 
vaults,  the  said  column  or  columns  shall  be  either  constructed  double,  that 
is,  an  outer  and  an  inner  column,  the  inner  column  alone  to  be  of  sufficient 


19 

strength  to  sustain  safely  the  weight  to  be  imposed  thereon,  or  such  other 
iron  or  steel  column  of  sufficient  strength  and  so  constructed  as  to  secure 
resistance  to  fire,  may  be  used  as  may  be  approved  by  the  superintendent 
of  buildings.  Iron  posts  in  front  of  party  walls  shall  be  filled  up  solid  with 
masonry  and  made  perfectly  tight  between  the  post  and  walls  to  prevent 
effectually  the  passage  of  smoke  or  fire.  Cast-iron  posts  or  columns  which 
are  to  be  used  for  the  support  of  wooden  or  iron  girders  or  brick  walls,  not 
cast  with  one  open  side  or  back,  before  being  set  up  in  place,  shall  have  a 
three-eighths  of  an  inch  hole  drilled  in  the  shaft  of  each  post  or  column,  by 
the  manufacturer  or  contractor  furnishing  the  same,  to  exhibit  the  thickness 
of  the  castings;  and  any  other  similar  sized  hole  or  holes  which  the  super- 
intendent of  buildings,  or  his  duly  authorized  representatives,  may  require 
shall  be  drilled  in  the  said  posts  or  columns  by  the  said  manufacturer  or 
contractor  at  his  own  expense.  Iron  posts  or  columns  cast  with  one  or 
more  open  sides  and  backs  shall  have  solid  iron  plates  on  top  of  each  to 
prevent  the  passage  of  smoke  or  fire  through  them  from  one  story  to  another, 
excepting  where  pierced  for  the  passage  of  pipes.  No  cast-iron  post  or 
column  shall  be  used  in  any  building  of  a  less  average  thickness  of  shaft 
than  three-quarters  of  an  inch,  nor  shall  it  have  an  unsupported  length  of 
more  than  twenty  times  its  least  lateral  dimensions  or  diameter.  No 
wrought-iron  or  rolled-steel  column  shall  have  an  unsupported  length  of 
more  than  thirty  times  its  least  lateral  dimension  or  diameter,  nor  shall  its 
metal  be  less  than  one-fourth  of  an  inch  in  thickness.  All  cast-iron, 
wrought-iron  and  steel  columns  shall  have  their  bearings  faced  smooth,  and 
at  right  angles  to  the  axis  of  the  column;  and  when  one  column  rests  upon 
another  column,  they  shall  be  securely  bolted  together.  Where  columns 
are  used  to  support  iron  or  steel  girders  carrying  curtain  walls,  the  said 
columns  shall  be  of  cast-iron,  wrought-iron  or  rolled  steel,  and  on  their 
exposed  outer  and  inner  surfaces  be  constructed  to  resist  fire  by  having  a 
casing  of  brick  work  not  less  than  four  inches  in  thickness  and  bonded  into 
the  brick  work  of  the  curtain  walls,  or  the  inside  surfaces  of  the  said 
columns  may  be  covered  with  an  outer  shell  of  iron  having  an  air  space 
between;  and  the  exposed  sides  of  the  iron  or  steel  girders  shall,  also  be 
similarly  covered  in  and  tied  and  bonded.  When  the  thickness  of  the 
curtain  walls  is  twelve  inches  the  girders  for  the  support  of  same  shall  be 
placed  at  the  floor  line  of  each  story,  commencing  at  the  line  where  the 
thickness  of  twelve  inches  starts  from,  and  when  the  thickness  of  such 
walls  is  sixteen  inches  the  girders  shall  be  placed  not  farther  apart  than 
every  other  story,  at  the  floor  line,  commencing  at  the  line  where  the  thick- 
ness of  sixteen  inches  start  from,  provided  that  at  the  intermediate  floor  line 
a  suitable  tie  of  iron  or  steel  shall  rigidly  connect  the  columns  together 
horizontally;  and  that  the  ends  of  the  floor  beams  do  not  rest  upon  the  said 
sixteen-inch  walls.  When  the  curtain  walls  are  twenty  inches  or  more  in 
thickness  and  rest  directly  on  the  foundation  walls  the  ends  of  the  floor 
beams  may  be  placed  directly  thereon,  but  at  or  near  the  floor  line  of  each 
story  ties  of  iron  or  steel  incased  in  the  brick  work  shall  rigidly  connect  the 
columns  together  horizontally.  The  iron  arches,  or  the  usual  light  castings 
connecting  the  columns  of  an  iron  front  of  a  building,  shall  be  filled  in  from 
the  soffits  to  the  sills  on  each  upper  story  with  brick  work  not  less  than 
eight  inches  thick,  or  hollow  burnt  clay  blocks  not  less  than  eight  inches 


20 

thick  and  carried  through  the  open  back  columns  to  the  same  upper  level, 
the  brick  work  or  blocks  to  rest  on  the  plates  within  the  columns. 

§  25.  Rolled  iron  or  steel  beam  girders,  or  riveted  iron  or  steel  plate 
girders  used  as  lintels  or  as  girders,  carrying  a  wall  or  floor  or  both,  shall 
be  so  proportioned  that  the  loads  which  may  come  upon  them  shall  not 
produce  strains  in  tension  or  compression  upon  the  flanges  of  more  than 
twelve  thousand  pounds  for  iron,  nor  more  than  fifteen  thousand  pounds  for 
steel  per  square  inch  of  the  gross  section  of  each  of  such  flanges,  nor  a 
shearing  strain  upon  the  web-plate  of  more  than  six  thousand  pounds  per 
square  inch  of  section  of  such  web-plate,  if  of  iron,  nor  more  than  seven 
thousand  pounds  if  of  steel;  but  no  web-plate  shall  be  less  than  one-quarter 
of  an  inch  in  thickness,  Rivets  in  plate  girders  shall  not  be  less  than  five- 
eighths  of  an  inch  in  diameter,  and  shall  not  be  spaced  more  than  six  inches 
apart  in  any  case.  They  shall  be  so  spaced  that  their  shearing  strains  shall 
not  exceed  nine  thousand  pounds  per  square  inch  of  section,  nor  their 
bearing  exceed  fifteen  thousand  pounds  per  square  inch,  on  their  diameter, 
multiplied  by  the  thickness  of  the  plates  through  which  they  pass.  The 
riveted  plate  girders  shall  be  proportioned  upon  the  supposition  that  the 
bending  or  chord  strains  are  resisted  entirely  by  the  upper  and  lower 
flanges,  and  that  the  shearing  strains  are  resisted  entirely  by  the  web-plate. 
No  part  of  the  web  shall  be  estimated  as  flange  area,  nor  more  than 
one-half  of  that  portion  of  the  angle  iron  which  lies  against  the  web.  The 
distance  between  the  centers  of  gravity  of  the  flange  areas  will  be  considered 
as  the  effective  depth  of  the  girder.  Before  any  girder,  as  before  mentioned, 
to  be  used  in  any  building  shall  be  so  used,  the  architect  or  the  manu- 
facturer of  or  contractor  for  it  shall,  if  required  so  to  do  by  the  superin- 
tendent of  buildings,  submit  for  his  examination  and  approval  a  diagram 
showing  the  loads  to  be  carried  by  said  girder,  and  the  strains  produced  by 
such  load,  and  also  showing  the  dimensions  of  the  materials  of  which  said 
girder  is  to  be  constructed  to  provide  for  the  said  strains;  and  the  manu- 
facturer or  contractor  shall  cause  to  be  marked  upon  said  girder,  in  a 
conspicuous  place,  the  weight  said  girder  will  sustain,  and  no  greater 
weight  than  that  marked  on  such  girder  shall  be  placed  thereon.  Before  any 
iron  or  steel  beam,  lintel  or  girder  intended  to  span  an  opening  over  ten 
feet  in  length  in  any  building,  shall  be  used  for  supporting  a  wall,  the 
manufacturer  or  founder  thereof,  or  the  owner  of  said  building,  shall  have 
the  said  beam,  lintel  or  girder  inspected,  and  if  required  by  the  superin- 
tendent of  buildings,  shall  have  the  same  tested  by  actual  weight  or  pressure 
thereon,  under  the  direction  and  supervision  of  an  inspector  authorized  by 
the  superintendent  of  buildings.  Said  manufacturer,  founder  or  owner 
shall  notify  the  superintendent  of  buildings,  in  writing,  of  the  time  when, 
and  the  place  where  said  inspection  and  test  may  be  made,  and  said 
inspector  shall  cause  the  weight  which  each  of  said  beams,  lintels  or  girders 
will  safely  sustain,  to  be  properly  stamped  or  marked  in  a  conspicuous 
place  thereon,  and  no  greater  weight  shall  be  put  or  placed  upon  any  beam, 
lintel  or  girder  than  that  stamped  or  marked  thereon  by  said  inspector. 
The  deflection  of  a  cast-iron  beam,  lintel  or  girder,  under  an  applied  test  of 
double  the  weight  to  be  carried,  shall  not  exceed  one-fiftieth  of  an  inch  to 
the  foot  of  span,  and  said  beam,  lintel  or  girder  shall  return  to  its  original 
shape  after  the  test.  In  case  any  iron  or  steel  beam,  girder  or  lintel,  or  any 


21 

iron  or  steel  column,  shall  be  rejected  by  said  inspector  as  unfit  or 
insufficient  to  be  used  for  the  purpose  proposed,  the  same  shall  not  be  used 
for  such  purpose,  in  or  upon  or  about  any  building  or  part  thereof.  All 
iron  work  or  steel  work  used  in  any  building  shall  be  of  the  best  material 
and  made  in  the  best  manner,  and  properly  painted  with  oxide  of  iron  and 
linseed  oil  paint  before  being  placed  in  position,  or  coated  with  some  other 
equally  good  preparation,  or  suitably  treated  for  preservation  against 
rust. 

§  26.  All  wooden  beams  or  other  timbers  in  the  party  wall  of  every 
building  built  of  stone,  brick  or  iron,  shall  be  separated  from  the  beam  or 
timber  entering  in  the  opposite  side  of  the  wall  by  at  least  four  inches  of 
solid  mason  work.  No  wooden  floor  beams  nor  wooden  roof  beams  used 
in  any  buifding,  exceeding  three  stories  in  height,  hereafter  erected,  shall  be 
of  a  less  thickness  than  three  inches.  All  wooden  trimmer  and  header 
beams  shall  not  be  less  than  one  inch  thicker  than  the  floor  or  roof  beams 
on  the  same  tier,  where  the  header  is  four  feet  or  less  in  length;  and  where 
the  header  is  more  than  four  feet  and  not  more  than  fifteen  feet  in  length, 
the  trimmer  and  header  beams  shall  be  at  least  double  the  thickness  of  the 
floor  or  roof  beams,  or  shall  each  be  made  of  two  beams  forming  such 
thickness  properly  spiked  or  bolted  together,  and  when  the  header  is  more 
than  fifteen  feet  in  length  wrought  iron  flitch  plates  of  proper  thickness  and 
depth  shall  be  placed  between  two  wooden  beams  suitably  bolted  together 
to  and  through  the  iron  plates  in  constructing  the  trimmer  and  header 
beams;  or  wrought-iron  or  rolled-steel  beams  of  sufficient  length  may  be 
used.  Every  wooden  beam,  except  header  and  tail  beams,  shall  rest  at  one 
end  four  inches  in  the  wall,  or  upon  a  girder  as  authorized  by  this  title. 
All  wooden  floor  and  wooden  roof  beams  shall  be  properly  bridged  with 
cross-bridging  and  the  distance  between  bridging  or  between  bridging  and 
walls  shall  not  exceed  eight  feet.  Every  wooden  header  or  trimmer  more 
than  four  feet  long,  used  in  any  building,  shall  be  hung  in  stirrup-irons  of 
suitable  thickness  for  the  size  of  the  timbers.  No  timber  shall  be  used  in 
any  wall  of  any  building  where  stone,  brick  or  iron  is  commonly  used, 
except  lintels,  as  hereinbefore  provided.  The  ends  of  all  wooden  floor  and 
roof  beams,  where  they  rest  on  brick  walls,  shall  be  cut  to  a  bevel  of  three 
inches  on  their  depth,  so  that  in  case  of  fire  they  may  fall  without  injury  to 
the  walls.  All  wooden  beams  shall  be  trimmed  away  from  the  flues, 
whether  the  same  be  a  smoke,  air  or  any  other  flue,  the  trimmer  beam  to  be 
eight  inches  from  the  inside  face  of  a  flue  in  a  straight  way  and  four  inches 
from  the  outside  of  a  chimney  breast,  and  the  header  two  inches  from  the 
outside  face  of  the  flue.  All  fire-places  shall  have  trimmer  arches  to 
support  hearths  and  the  said  arches  shall  be  at  least  sixteen  inches  in  width, 
measured  from  the  face  of  the  chimney  breast,  and  at  least  one  foot  longer 
on  each  side  than  the  width  of  the  fire-place  opening,  and  they  shall  be 
constructed  of  brick,  stone  or  burnt  clay.  Wooden  centering  under 
trimmer  arches  shall  be  removed  before  plastering  the  ceiling  underneath. 
Each  tier  of  beams  shall  be  anchored  to  the  side,  front,  rear  or  party  walls 
at  intervals  of  not  more  than  six  feet  apart,  with  good,  strong  wrought-iron 
anchors  of  not  less  than  one  and  a  half  inches  by  three-eighths  of  an  inch  in 
size  well  fastened  to  the  side  of  the  beams  by  two  or  more  nails  made  of 
wrought-iron  at  least  one-fourth  of  an  inch  in  diameter.  The  ends  of  beams 


22 

resting  upon  girders  shall  be  butted  together,  end  to  end,  and  strapped  by 
wrought-iron  straps  of  the  same  size  and  distance  apart,  and  in  the  same 
beam  as  the  wall  anchors,  and  shall  be  fastened  in  the  same  manner  as  said 
wall  anchors,  or  they  may  lap  each  other  at  least  twelve  inches  and  be  well 
spiked  or  bolted  together  where  lapped.  Where  the  beams  are  supported 
by  girders,  the  girders  shall  be  anchored  to  the  walls  and  fastened  to  each 
other  by  suitable  iron  straps.  Every  pier  and  wall,  front  or  rear,  shall  be 
well  anchored  to  the  beams  of  each  story,  with  the  same  size  anchors  as  are 
required  for  sidewalls,  which  anchor  shall  hook  over  the  second  beam. 
Each  tier  of  beams  front  and  rear,  opposite  each  pier,  shall  have  hard  wood 
or  Georgia  pine  anchor  strips  dove-tailed  into  the  beams  diagonally,  which 
strips  shall  cover  at  least  four  beams,  and  be  one  inch  thick  and  four 
inches  wide,  but  no  such  anchor  strips  shall  be  let  in  within  four  feet  of  the 
center  line  of  the  beams;  or  wooden  strips  shall  be  nailed  on  the  top  of  the 
beams  and  kept  in  place  until  the  floors  are  being  laid.  Wooden  columns 
supporting  wooden  girders  and  wooden  floor  beams  and  wooden  roof 
beams,  in  all  buildings  more  than  two  stories  in  height,  shall  each  have  cap 
and  base  plates  of  iron  not  less  than  one  inch  thick,  and  of  proper  size  and 
shape.  Said  wooden  columns,  when  placed  one  over  another,  shall  not 
bear  upon  any  wooden  girder,  but  shall  bear  directly  upon  each  other,  or 
shall  have  between  the  iron  plates  suitable  iron  dowels  passing  through  the 
girders.  All  timbers  and  wood  beams  used  in  any  building  shall  be  of 
good,  sound  material,  free  from  rot,  large  and  loose  knots,  shakes,  or  any 
imperfection  whereby  the  strength  may  be  impaired,  and  be  of  such  size 
and  dimensions  as  the  purposes  for  which  the  building  is  intended  require. 
§  27.  All  fire-places  and  chimneys  in  stone  or  brick  walls  in  any 
building  hereafter  erected,  and  any  chimney  or  flues  hereafter  altered  or 
repaired,  without  reference  to  the  purpose  for  which  they  may  be  used,  shall 
have  the  joints  struck  smooth  on  the  inside,  except  when  lined  on  the 
inside  with  pipe.  No  pargeting  mortar  shall  be  used  on  the  inside  of  any 
fire-place,  chimney  or  flue.  The  fire-backs  of  all  fire-places  hereafter 
erected  shall  be  not  less  than  eight  inches  in  thickness  of  solid  masonry. 
The  stone  or  brick  work  of  all  smoke  flues,  and  the  chimney  shafts  of  all 
furnaces,  boilers,  bakers'  ovens,  large  cooking  ranges  and  laundry  stoves, 
and  all  flues  used  for  a  similar  purpose  shall  be  at  least  eight  inches  in 
thickness.  If  there  is  a  cast-iron  or  burnt  clay  pipe  built  inside  of  the 
same,  with  one  inch  air  space  all  around  it,  then  the  stone  or  brick  work 
inclosing  such  pipes  shall  not  be  less  than  four  inches  in  thickness.  All 
smoke  flues  of  smelting  furnaces  or  of  steam  boilers,  or  other  apparatus 
which  heat  the  flues  to  a  high  temperature,  shall  be  built  with  double  walls, 
with  an  air  space  between  them,  the  inside  four  inches  to  be  of  fire-brick  or 
fire-clay  slabs  or  blocks  laid  in  fire  mortar,  to  the  height  of  twenty-five  feet 
from  the  bottom.  All  smoke  flues  shall  extend  at  least  three  feet  above  a 
flat  roof  and  at  least  two  feet  above  a  peak  roof,  and  shall  be  coped  with 
well-burnt  terra-cotta,  stone  or  cast-iron.  In  all  buildings  more  than  three 
stories  in  height  hereafter  erected  every  smoke  flue  shall  be  lined  on  the 
inside  with  cast-iron  or  well-burnt  clay,  or  fire-proof  terra-cotta  pipe,  from 
the  bottom  of  the  flue,  or  from  the  throat  of  the  fire-place,  if  the  flue  starts 
from  the  latter,  and  carried  up  continuously  to  the  extreme  height  of  the 
flue.  The  ends  of  all  such  lining  pipes  shall  be  made  to  fit  close  together, 


23 

and  the  pipe  shall  be  built  in  as  the  flue  or  flues  are  carried  up.  Each 
smoke  pipe  shall  be  inclosed  on  all  sides  with  not  less  than  four  inches  of 
brick  work  properly  bonded  together.  All  stone  or  brick  hot-air  flues  and 
shafts  shall  be  lined  with  tin,  galvanized  iron  or  burnt  clay  pipes.  No 
wooden  casing,  furring  or  lath  shall  be  placed  against  or  cover  any  smoke 
flue  or  metal  pipe  used  to  convey  hot  air  or  steam.  No  smoke  pipe  shall 
pass  through  any  floor  or  roof  of  any  building.  No  stove  pipe  in  any  build- 
ing with  wooden  or  combustible  floors,  ceilings  or  partitions,  shall  enter  any 
flue  unless  the  said  pipe  shall  be  at  least  twelve  inches  from  either  the  said 
floors,  ceilings  or  partitions,  unless  the  same  is  properly  protected  by  a  metal 
shield,  in  which  case  the  distance  shall  not  be  less  than  six  inches.  In  all 
cases  where  stove  pipes  pass  through  stud  or  wooden  partitions  of  any  kind, 
they  shall  be  guarded  by  either  a  double  collar  of  metal  with  at  least  three 
inches  of  air  space  and  holes  for  ventilation,  or  by  a  soap-stone  or  burnt 
clay  ring  not  less  than  three  inches  in  thickness  and  extending  through  the 
partition.  Where  laundry  stoves,  hot  water,  steam,  hot  air  or  other  furnaces 
are  used  in  any  building,  the  smoke  pipe  leading  therefrom  must  be  kept 
not  less  than  eighteen  inches  from  the  floor  beams  or  ceiling  unless  the 
same  is  properly  protected  by  a  metal  shield,  w^hen  the  distance  shall  not  be 
less  than  nine  inches.  In  all  cases  where  such  pipe  passes  through  a  wood 
or  stud  partition  it  shall  be  protected  by  a  thimble  with  eight  inches  of 
brick  work  around  it  or  a  double  collar  of  metal  with  at  least  six  inches  air 
space,  and  holes  for  ventilation.  Tin  or  other  metal  flues,  or  pipes  used  or 
intended  to  be  used  to  convey  heated  air,  shall  be  inclosed  with  a  brick  or 
stone  at  least  four  inches  in  thickness,  or  other  hard  incombustible 
materials.  Horizontal  pipes  and  hot  air  pipes  in  stud  partitions,  shall  be 
built  in  the  following  manner:  The  pipes  shall  be  double,  that  is,  two  pipes, 
one  inside  the  other,  at  least  one-half  inch  apart,  and  there  shall  be  a  space 
of  three  inches  between  the  pipe  and  stud  on  each  side;  or  if  a  single  pipe  is 
used  the  inside  faces  of  said  studs  shall  be  well  lined  with  tin  plate  and  the 
outside  faces  covered  with  brick,  iron,  lath  or  slate.  Horizontal  hot-air 
pipes  shall  be  kept  six  inches  below  the  floor  beams  or  ceiling;  if  the  floor 
beams  or  ceiling  are  plastered  and  protected  by  a  metal  shield,  then  the 
distance  shall  not  be  less  than  three  inches.  In  cases  where  hot-air  pipes 
pass  through  a  wood  or  stud  partition,  they  shall  be  guarded  by  either  a 
double  collar  of  metal,  with  two  inches  air  space  and  holes  for  ventilation, 
or  they  shall  be  surrounded  by  brick  work  at  least  four  inches  in  thickness. 
All  flues  in  every  building  shall  be  properly  cleaned  and  all  rubbish 
removed,  and  the  flues  left  smooth  on  the  inside  upon  the  completion  of  all 
buildings.  No  chimney  shall  be  started  or  built  upon  any  floor  or  beam  of 
wood.  In  no  case  shall  a  chimney  be  corbeled  out  more  than  eight  inches 
from  the  wall,  and  in  all  such  cases  the  corbeling  shall  consist  of  at  least 
five  courses  of  brick.  Where  chimneys  are  supported  by  piers,  the  piers 
shall  start  from  the  foundation  on  the  same  line  with  the  chimney  breast, 
and  shall  not  be  less  than  twelve  inches  on  the  face,  properly  bonded  into 
the  walls.  No  chimney  shall  be  cut  off  below,  in  whole  or  in  part,  and 
supported  by  wood,  but  shall  be  wholly  supported  by  stone,  brick  or  iron. 
All  chimneys  which  shall  be  dangerous  in  any  manner  whatsoever,  shall  be 
repaired  and  made  safe,  or  taken  down.  Iron  cupola  chimneys  of 
foundries  shall  extend  at  least  ten  feet  above  the  highest  point  of  any  roof 


24 

within  a  radius  of  fifty  feet  of  such  cupola,  and  be  covered  on  top  with  a 
heavy  wire  netting.  No  brick  oven,  coffee  roaster  or  any  other  brick 
structure  to  contain  fire  shall  be  placed  on  a  wooden  floor  or  a  floor 
supported  by  wooden  beams  in  any  building.  All  smoke-houses  hereafter 
erected  or  constructed  shall  be  built  fire-proof,  and  the  door  and  window 
openings  in  same  shall  be  provided  with  iron  or  tin  covered  wooden  doors 
or  shutters.  Before  any  building  hereafter  erected  is  occupied  or  used,  in 
whole  or  in  part,  for  wood-working  purposes,  and  before  any  building 
erected  prior  to  the  passage  of  this  act,  but  not  at  such  time  occupied  or 
used,  in  whole  or  in  part,  for  any  aforesaid  purposes,  is  so  occupied  or  used, 
a  fire-proof  vault  shall  be  constructed  in  connection  therewith,  of  sufficient 
capacity  to  contain  all  shavings*  sawdust,  chips  and  other  light  combustible 
refuse  resulting  from  such  manufacture.  All  such  combustible  refuse  shall 
be  daily  removed  to  the  vault,  and  shall  not  be  allowed  to  accumulate 
within  or  near,  the  building  unless  stored  in  the  vault  to  be  provided  as 
herein  required. 

§  28.  No  steam  pipe  shall  be  placed  within  two  inches  of  any  timber 
or  woodwork  unless  the  timber  or  woodwork  is  protected  by  a  metal  shield, 
then  the  distance  shall  not  be  less  than  one  inch.  All  steam  pipes  passing 
through  floors  and  ceilings  or  lath  and  plastered  partitions  shall  be  pro- 
tected by  a  metal  tube  one  inch  larger  in  diameter  than  the  pipe,  and  the 
space  shall  be  filled  in  with  mineral  wool,  asbestos  or  other  incombustible 
material.  All  wooden  boxes  or  casings  inclosing  steam  pipes,  and  all  cov- 
ers to  recesses  shall  be  lined  with  iron  or  tinplate.  All  brick  hot-air  fur- 
naces shall  have  two  covers,  with  an  air-space  of  at  least  four  inches  between 
them;  the  inner  cover  of  the  hot-air  chamber  shall  be  either  a  brick  arch  or 
two  courses  of  brick  laid  on  galvanized  iron  or  tin,  supported  by  iron  bars; 
the  outside  cover,  which  is  the  top  of  the  furnace,  shall  be  made  of  brick  or 
metal  supported  by  iron  bars,  and  so  constructed  as  to  be  perfectly  tight, 
and  shall  not  be  less  than  four  inches  below  the  ceiling  or  floor  beams.  The 
walls  of  the  furnace  shall  be  built  hollow  in  the  following  manner:  One 
inner  and  one  outer  wall,  each  four  inches  in  thickness,  properly  bonded 
together,  with  an  air-space  of  not  less  than  three  inches  between  them.  Fur- 
naces must  be  built  at  least  four  inches  from  all  woodwork.  All  cold 
air  boxes  shall  be  made  of  metal,  brick  or  other  incombustible  material,  for 
a  distance  of  at  least  three  feet  from  the  furnace.  All  portable  hot-air  fur- 
naces shall  be  kept  at  least  two  feet  from  any  wooden  or  combustible  par- 
tition or  ceiling  unless  the  partitions  and  ceilings  are  properly  protected  by 
a  metal  shield  when  the  distance  shall  not  be  less  than  one  foot.  Wooden 
floors  under  any  portable  furnace  shall  be  protected  by  a  suitable  stone,  or 
a  course  of  bricks  well  laid  in  mortar.  Said  stone  or  bricks  shall  extend  at 
least  two  feet  beyond  the  furnace  in  front  of  the  ash-pan.  All  such  register 
boxes  shall  be  made  of  tin-plate  with  a  flange  on  the  top  to  fit  the  groove 
in  the  frame,  the  register  to  rest  upon  the  same;  there  shall  be  an  open 
space  of  two  inches  on  all  sides  of  the  register-box,  extending  from  the 
under  side  of  the  border  to  and  through  the  ceiling  below.  The  said  open- 
ing shall  be  fitted  with  a  tight  tin  casing,  the  upper  end  of  which  shall  be 
turned  under  the  frame.  When  a  register-box  is  placed  in  the  floor  over  a 
portable  furnace,  the  open  space  on  all  sides  of  the  register-box  shall  not 
be  less  than  three  inches.  When  only  one  register  is  connected  with  a 


25 

furnace  said  register  shall  have  no  valve.  Stoves  shall  not  be  placed  nearer 
than  twenty  inches  to  any  unprotected  woodwork.  Floors  under  all  stoves 
shall  be  protected  by  a.covering  of  incombustible  material.  Where  a  kitchen 
range  is  placed  near  a  wooden  stud  partition,  the  studs  shall  be  cut  away  and 
framed  two  feet  higher  and  one  foot  wider  than  the  range,  and  filled  in  to  a 
line  with  said  stud  partition  with  brick  or  fire-proof  blocks  and  plastered 
thereon.  In  cases  where  hot  water,  steam,  hot  air  or  other  heating  appliances 
or  furnaces  are  hereafter  placed  in  any  building,  or  flues  or  fire-places  are 
changed  or  enlarged,  due  notice  shall  first  be  given  to  the  superintendent  of 
buildings  by  the  contractor  or  superintendent  of  said  work. 

§  29.  No  gas,  water  or  other  pipes  which  may  be  introduced  into  any 
building  shall  be  let  into  the  beams  unless  the  same  be  placed  within  thirty- 
six  inches  of  the  end  of  the  beams;  and  in  no  building  shall  the  said  pipes 
be  let  into  the  beams  more  than  two  inches  in  depth.  Every  building  other 
than  a  dwelling-house,  hereafter  erected,  and  all  factories,  hotels,  churches, 
theaters,  school-houses  and  other  buildings  of  a  public  character  now 
erected  in  which  gas  or  steam  is  used  for  lighting  or  heating,  shall  have  the 
supply  pipes  leading  from  the  street  mains  provided  each  with  a  stop-cock 
placed  in  the  sidewalk  at  or  near  the  curb,  and  so  arranged  as  to  allow  of 
shutting  off  at  that  point.  All  gas  brackets  shall  be  placed  at  least  three 
feet  below  any  ceiling  or  woodwork,  unless  the  same  is  properly  protected 
by  a  shield;  in  which  case  the  distance  shall  not  be  less  than  eighteen  inches. 
No  swinging  or  folding  gas  brackets  shall  be  placed  against  any  stud  par- 
tition or  woodwork.  Gas  lights  placed  near  window  curtains  or  any  other 
combustible  material  shall  be  protected  by  a  proper  shield.  Every  electric 
wire  for  furnishing  light,  heat  or  power,  led  into  any  building  from  the  out- 
side thereof,  shall  be  arranged  with  suitable  appliances  to  cut  off  the  current 
on  the  outside  of  the  building.  All  wires  placed  inside  of  buildings, 
whether  in  connection  with  aereal  or  underground  wires  and  carrying  elec- 
trical currents,  shall  be  properly  insulated.  The  superintendent  of  build- 
ings shall  make  rules  and  regulations  governing  the  method  of  construction, 
operation,  location,  arrangement,  insulation  and  use  of  all  electrical  wires, 
appliances  or  currents,  for  furnishing  light,  heat  or  power  which  may  be 
introduced  into  or  placed  in  any  building.  Said  rules  and  regulations  shall, 
as  far  as  practicable,  be  made  to  conform  to  those  which  now  are  or  hereafter 
may  be  prescribed  by  the  Underwriters'  Association  of  New  York  State. 
In  no  case  shall  any  such  wire,  appliances  and  currents  be  introduced  into 
any  building,  nor  shall  any  of  them  be  used  or  operated  until  the  superin- 
tendent of  buildings  shall  have  first  examined  into  and  found  that  the 
method  of  construction,  location,  arrangement,  insulation  and  use  of  such 
electrical  wires,  appliances  and  currents  are  safe  and  in  accordance  with 
the  rules  and  regulations  made  by  him,  as  aforesaid. 

§  30.  Every  building  which  is  more  than  two  stories  in  height  above 
the  curb  level,  except  dwelling-houses,  hotels,  school-houses  and  churches 
shall  have  doors,  blinds  or  shutters  made  of  iron,  hung  to  iron  hanging  frames 
or  to  iron  eyes  built  into  the  wall,  on  every  window  and  opening  above  the 
first  story  thereof,  excepting  on  the  front  openings  of  buildings  fronting  on 
streets  or  open  spaces  which  are  more  than  thirty  feet  in  width.  Or  the  said 
doors,  blinds  or  shutters  may  be  constructed  of  pine  or  other  soft  wood  of  two 
thicknesses  of  matched  boards  at  right  angles  with  each  other,  and  securely 


26 

covered  with  tin,  on  both  sides  and  edges,  with  folded  lapped  joints,  the 
nails  for  fastening  the  same  being  driven  inside  the  lap;  the  hinges  and  bolt 
or  latches  shall  be  secured  or  fastened  to  the  door  or.  shutter  after  the  same 
has  been  covered  with  the  tin,  and  such  doors  or  shutters  shall  be  hung 
upon  an  iron  frame,  independent  of  the  woodwork  of  the  windows  and 
doors,  or  two  iron  hinges  securely  fastened  in  the  masonry;  or  such  frames, 
if  of  wood,  shall  be  covered  with  tin  in  the  same  manner  as  the  doors  and 
shutters.  All  occupants  of  buildings  shall  close  the  said  shutters,  doors 
and  blinds  at  the  close  of  the  business  of  each  day.  All  shutters  opening 
on  fire-escapes,  and  at  least  one  row,  vertically,  in  every  three  rows  on  the 
front  window  openings  above  the  first  story  of  any  building,  shall  be  so 
arranged  that  they  can  be  readily  opened  from  the  outside  by  firemen.  All 
rolling  iron  or  steel  shutters  hereafter  placed  in  the  first  story  of  any  build- 
ing shall  be  counter-balanced  so  that  said  rolling  shutters  may  be  readily 
opened  by  the  firemen.  All  windows  and  openings  above  the  first  story  of 
any  building  may  be  exempted  from  having  shutters  by  the  written  consent 
of  the  superintendent  of  buildings.  Where  openings  in  interior  brick  walls 
are  fitted  with  fire-proof  doors  or  shutters  to  prevent  the  spread  of  fire 
between  different  buildings,  or  between  parts  of  any  building,  the  said 
doors  or  shutters  shall  be  closed  at  the  close  of  the  business  of  each  day  by 
the  occupant  or  occupants  of  the  building  having  use  or  control  of  the 
same. 

§  31.  In  any  building  in  which  there  shall  be  any  hoistway  or  freight 
elevator  or  well-hole  not  inclosed  in  walls  constructed  of  brick  or  other 
fire-proof  material,  and  provided  with  fire-proof  doors,  the  openings  thereof 
through  and  upon  each  floor  of  said  building,  shall  be  provided  with  and 
protected  by  a  substantial  guard  or  gate,  and  with  such  good  and  sufficient 
trap-doors,  with  which  to  close  the  same,  as  may  be  directed  and  approved 
by  the  superintendent  of  buildings;  and  when,  in  his  opinion,  automatic 
trap-doors  are  required  to  the  floor  openings  of  any  uninclosed  freight 
elevator,  the  same  shall  be  so  constructed  as  to  form  a  substantial  floor 
surface  when  closed,  and  so  arranged  as  to  open  and  close  by  the  action  of 
the  elevator  in  its  passage  either  ascending  or  descending.  The  said 
superintendent  shall  have  exclusive  power  and  authority  within  said  city  to 
require  the  openings  of  hoistways  or  hoistway  shafts,  elevators  and  well- 
holes  in  buildings  to  be  inclosed  or  secured  by  trap-doors,  guards  or  gates 
and  railings.  Such  guards  or  gates  shall  be  kept  closed  at  all  times,  except 
when  in  actual  use,  and  the  trap-doors  shall  be  closed  at  the  close  of  the 
business  of  each  day  by  the  occupant  or  occupants  of  the  building  having 
the  use  or  control  of  the  same.  In  all  buildings  hereafter  erected  the  roof, 
immediately  over  the  hoistway,  elevator  or  well-hole,  shall  be  covered  with 
a  skylight  of  suitable  size,  glazed  with  thin  sheet  glass,  so  as  to  allow 
smoke,  gases  and  flame  to  readily  force  their  way  through  when  a  fire 
occurs.  The  glass  in  every  such  skylight  shall  have  immediately  under  the 
same  a  wire  netting,  unless  the  glass  contains  a  wire  netting  within  itself,  or 
what  is  known  as  wire  glass.  All  elevators  hereafter  placed  in  any  build- 
ing, except  fire-proof  buildings,  shall  be  inclosed  in  suitable  walls  of  brick, 
or  with  a  suitable  frame-work  of  iron  and  burnt-clay  filling,  or  of  such  other 
fire-proof  material  and  form  of  construction  as  may  be  approved  by  the 
superintendent  of  buildings.  If  the  inclosure  walls  are  of  brick,  laid  in 


27 

cement  mortar,  and  not  used  as  bearing  walls,  they  may  be  eight  inches  in 
thickness  for  not  more  than  fifty  feet  of  their  uppermost  height,  and  increas- 
ing in  thickness  four  inches  for  each  lower  fifty  feet,  portion  or  part  thereof. 
Said  walls  or  construction  shall  extend  through  and  at  least  three  feet 
above  the  roof.  All  openings  in  the  same  shall  be  provided  with  fire-proof 
doors  and  made  solid  for  three  feet  above  the  floor  level,  and  with  grill 
openings  above.  Elevators  may  be  put  in  the  well-hole  of  stairs,  in  build- 
ings, without  such  brick  or  fire-proof  inclosures,  where  the  stairs  are 
inclosed  in  brick  or  stone  wall,  and  the  stairs  are  constructed  as  specified  in 
Section  Nineteen  of  this  Title.  Elevators  may  also  be  placed  in  any  stair- 
well or  open  court  of  any  building  erected  prior  to  the  passage  of  this  act, 
under  a  permit  therefor  from  the  superintendent  of  buildings,  but  the  frame 
work  and  inclosure  of  any  such  elevator  shall  be  constructed  of  fire-proof 
materials.  The  foregoing  requirements  as  to  brick  or  fire-proof  shafts  shall 
include  all  dumb-waiters  except  such  as  do  not  extend  through  more  than 
three  stories  in  dwelling-houses.  The  roofs  over  all  inclosed  elevators 
shall  be  made  of  fire-proof  materials,  with  a  sky-light  at  least  three-fourths 
the  area  of  the  shaft,  made  of  thin  sheet  glass,  set  in  iron  frames,  as  herein- 
before in  this  section  described,  including  wire  netting  underneath  the  glass 
of  the  sky-light  or  the  use  of  wire  glass.  Immediately  under  the  machinery 
at  the  top  of  every  elevator  shaft  hereafter  placed  in  any  building  in  said 
city  there  shall  be  provided  and  placed  a  substantial  grating  or  screen  of 
iron,  of  such  construction  as  shall  be  approved  by  the  superintendent  of 
buildings.  The  superintendent  of  buildings  shall  cause  an  inspection  of 
passenger  elevators  as  often  as  once  a  year.  Any  repairs  found  necessary 
upon  inspection  of  any  elevator  shall  be  made  without  delay  by  the  owner 
or  person  having  the  care  or  control  of  the  same,  and  in  case  defects  are 
found  to  exist  which  would  endanger  life  by  the  continued  use  of  such 
elevator,  then,  upon  notice  from  the  superintendent  of  buildings,  the  use  of 
such  elevator  shall  cease,  and  it  shall  not  again  be  used  until  a  certificate 
shall  be  first  obtained  from  said  superintendent  that  such  elevator  has  been 
put  in  safe  order  and  is  fit  for  use.  No  person  shall  employ  or  permit  any 
person  to  be  in  charge  of  running  any  passenger  elevator  who  is  under 
eighteen  years  of  age  or  who  does  not  possess  proper  qualifications  therefor. 
Every  freight  elevator  or  lift  shall  have  a  notice  posted  conspicuously 
thereon  as  follows:  Persons  riding  on  this  elevator  do  so  at  their  own  risk. 
Every  elevator  in  any  building  erected  to  be  occupied,  or  now  occupied,  as 
a  hotel,  shall,  within  six  months  after  the  passage  of  this  act,  be  inclosed  in 
suitable  walls  constructed  and  arranged  as  in  this  section  required  for 
elevators  hereafter  placed  in  buildings,  unless  under  the  provisions  of  this 
section  such  elevator  might  have  been  placed  in  said  building  without  such 
inclosing  walls. 

§  32.  If  a  mansard  or  any  other  roof  having  a  pitch  of  over  sixty 
degrees  be  placed  on  any  building,  except  a  wooden  building,  or  a  dwelling- 
house  not  exceeding  thirty-five  feet  in  height,  it  shall  be  constructed  of  iron 
rafters  and  lathed  with  iron  on  the  inside  and  plastered,  or  filled  in  with  fire- 
proof material  not  less  than  three  inches  thick,  and  covered  with  metal, 
slate  or  tile.  All  exterior  cornices  and  gutters  of  all  buildings  hereafter 
erected,  except  wooden  buildings,  shall  be  of  fire-proof  material.  All  fire- 
proof cornices  shall  be  well  secured  to  the  walls  with  iron  anchors, 


28 

independent  of  any  wood  work.  Where  a  wall  is  finished  with  a  cornice  of 
stone,  terra  cotta  or  similar  material,  the  greatest  weight  of  the  material  of 
such  cornice  shall  be  on  the  inside  of  the  face  of  the  wall,  so  that  the  cornice 
shall  firmly  balance  upon  the  wall.  In  all  cases  the  walls  behind  metal 
cornices  shall  be  carried  up  to  the  planking  of  the  roof,  and  where  the 
cornice  projects  above  the  roof  the  walls  shall  be  carried  up  to  the  top  of 
the  cornice,  and  the  party  walls  shall  in  all  cases  extend  up  above  the 
planking  of  the  cornice  and  be  coped  All  exterior  wooden  cornices  that 
may  now  be  or  that  may  hereafter  become  unsafe  or  rotten  shall  be  taken 
down,  and  if  replaced  shall  be  constructed  of  fire-proof  material.  All 
exterior  cornices  of  wood  or  gutters  that  may  hereafter  be  damaged  by  fire 
to  the  extend  of  one-third  shall  be  taken  down,  and  if  replaced  shall  be 
constructed  of  fire-proof  material;  but  if  not  damaged  to  the  extent  of  one- 
third,  the  same  may  be  repaired  with  the  same  kind  of  material  of  which 
they  were  originally  constructed.  Bulkheads  used  as  inclosures  for 
elevators  and  coverings  for  the  machinery  of  elevators  and  all  other  bulk- 
heads, including  the  bulkheads  of  all  dwelling-houses  hereafter  erected  or 
altered,  may  be  constructed  of  hollow  fire-proof  blocks  or  of  wood  covered 
with  not  less  than  two  inches  of  fire-proof  material  or  filled  in  the  thickness 
of  the  studding  with  such  material,  and  covered  on  the  outside  with  metal, 
including  sides  and  edges  of  doors.  Covers  on  top  of  water  tanks  placed 
on  roofs,  may  be  of  wood  covered  with  tin.  The  planking  and  sheathing 
of  the  roof  of  every  building  hereafter  erected,  except  a  wooden  building, 
shall  in  no  case  be  extended  across  the  front,  rear,  side,  end  or  party  wall 
thereof.  Every  such  building  and  the  tops  and  sides  of  every  dormer- 
window  thereon  shall  be  covered  and  roofed  with  slate,  tin,  copper,  iron, 
gravel  or  such  other  quality  of  fire-proof  roofing  as  the  superintendent  of 
buildings,  under  his  certificate,  may  authorize,  and  the  outside  of  the 
frames  of  every  dormer-window  hereafter  placed  upon  any  building  as 
aforesaid  shall  be  of  fire-proof  material.  No  wooden  building  within  the 
fire  limits  more  than  two  stories  or  over  twenty  feet  in  height  above  the 
curb  level  to  the  highest  part  thereof,  which  shall  require  roofing,  shall  be 
roofed  with  any  other  roofing  or  covering,  except  as  aforesaid.  Nothing  in 
this  section  shall  be  construed  to  prohibit  the  repairing  of  any  shingle  roof, 
provided  the  building  is  not  altered  in  height.  All  buildings  shall  have 
scuttles  or  bulkheads,  covered  with  fire-proof  material,  with  ladders  or 
stairs  leading  thereto.  No  scuttle  shall  be  less  in  size  than  two  by  three  feet. 
All  sky-lights  having  a  superficial  area  of  more  than  twelve  square  feet, 
placed  in  any  building,  shall  have  the  sashes  and  frames  thereof  constructed 
of  iron  and  glass.  Every  fire-proof  roof  hereafter  placed  on  any  building 
shall  have,  beside  the  usual  scuttle  or  bulkhead,  a  sky-light  or  sky-lights  of 
a  superficial  area  equal  to  not  less  than  one-fiftieth  the  superficial  area  of 
such  fire-proof  roof.  All  buildings  shall  be  kept  provided  with  proper 
metallic  leaders  for  conducting  water  from  the  roofs  in  such  manner  as 
shall  protect  the  walls  and  foundation  of  said  buildings  from  injury.  In  no 
case  shall  the  water  from  the  said  leaders  be  allowed  to  flow  upon  the  side- 
walk, but  the  same  shall  be  conducted  by  pipe  or  pipes  to  the  sewer.  If 
there  be  no  sewer  in  the  street  upon  which  such  buildings  front,  then  the 
water  from  said  leader  shall  be  conducted  by  proper  pipe  or  pipes  below 
the  surface  of  the  sidewalk  to  the  street  gutter. 


29 

§  33'  It  shall  not  be  lawful  for  the  owner  or  owners  of  any  brick 
dwelling-house  with  eight-inch  walls,  or  of  any  wooden  building  already 
erected  that  has  a  peaked  roof,  to  raise  the  same  for  the  purpose  of  making 
a  flat  roof  thereon,  unless  the  same  be  raised  with  the  same  kind  of  material 
as  the  building,  and  unless  such  new  roof  be  covered  with  some  of  the 
articles  mentioned  in  Section  Thirty-two  of  this  Title,  and  provided  that 
such  building,  when  so  raised,  shall  not  exceed  forty  feet  in  height  to  the 
highest  part  thereof.  All  such  buildings  must  exceed  twenty-five  feet  in 
height  to  the  peak  of  the  roof  before  the  said  alteration  and  raising.  If  any 
such  building  shall  have  been  built  before  the  street  upon  which  it  is 
located  is  graded,  or  if  the  grade  is  altered,  such  building  may  be  raised  or 
lowered  to  meet  the  requirements  of  such  grade.  No  frame  building  more 
than  two  stories  in  height,  now  used  as  a  dwelling,  shall  hereafter  be  raised 
or  altered  to  be  used  as  a  factory,  warehouse  or  stable.  No  brick  or 
wooden  building  shall  be  enlarged  or  built  upon  unless  the  exterior  walls 
of  said  addition  or  enlargement  be  constructed  of  fire-proof  materials; 
provided,  however,  that  such  brick  or  wooden  buildings  may  be  raised, 
lowered  or  altered,  under  the  same  circumstances  and  in  the  same  manner 
specially  provided  for  in  this  section.  No  wooden  building  shall  be 
moved  from  one  lot  to  another  until  a  sworn  petition  setting  forth  the 
purposes  of  said  removal,  and  the  uses  to  which  said  building  is  to  be 
applied,  is  filed  in  the  office  of  the  superintendent  of  buildings,  and  the 
written  consent  of  said  superintendent  is  first  obtained  therefor.  No 
wooden  building  shall  be  moved  from  without  to  within  the  fire  limits. 

§  34.  Every  wooden  or  frame  building,  with  a  brick  or  other  front, 
which  may  hereafter  be  damaged  to  an  amount  not  greater  than  one-half  of 
the  value  thereof,  exclusive  of  the  value  of  the  foundation  thereof,  at  the 
time  of  such  damage,  may  be  repaired  or  rebuilt;  but  if  such  damage  shall 
amount  to  more  than  one-half  of  such  value  thereof,  exclusive  of  the  value 
of  the  foundation,  then  such  building  shall  not  be  repaired  or  rebuilt,  but 
shall  be  taken  down.  The  amount  and  extent  of  such  damage  shall  be 
determined  upon  an  examination  of  the  building,  by  one  surveyor  who 
shall  be  appointed  by  said  superintendent  of  buildings,  and  one  surveyor 
who  shall  be  appointed  by  the  owner  or  owners  of  said  premises.  In  case 
these  two  surveyors  do  not  agree,  they  shall  appoint  a  third  surveyor  to 
take  part  in  such  examination,  and  a  decision  of  a  majority  of  them, 
reduced  to  writing  and  sworn  to,  shall  be  conclusive,  and  such  building 
shall  in  no  manner  be  repaired  or  rebuilt  until  after  such  decision  shall 
have  been  rendered.  If  the  damage  be  by  fire,  or  lightning,  or  wind  storm, 
and  such  damage  is  insured  against,  then  the  third  surveyor  provided  for  in 
this  section  shall  be  appointed  by  the  Underwriters  Association  of  New 
York  State. 

§  35.  No  frame  dwelling-house  hereafter  erected  shall  be  occupied  by 
more  than  one  family  on  each  floor  nor  shall  any  frame  building  already 
erected  be  altered  to  be  occupied  by  more  than  three  families.  Temporary 
one-story  frame  buildings  may  be  erected  for  the  use  of  builders,  within 
the  limits  of  lots  whereon  buildings  are  in  the  course  of  erection,  or  on 
adjoining  vacant  lots  upon  permits  issued  by  the  superintendent  of  build- 
ings. Fences  of  wood  shall  not  be  erected  over  ten  feet  high.  Signs  of 
wood  shall  not  be  erected  over  two  feet  high  on  any  building.  Piazzas  or 


30 

balconies  of  wood  which  do  not  exceed  eight  feet  in  width,  and  which  do 
not  exceed  more  than  three  feet  above  the  second  story  floor  beams,  may 
be  erected  upon  the  front  or  side  of  any  detached  dwelling-house  occupied 
by  not  more  than  two  families.  In  connected  houses  such  piazzas  or 
balconies  may  be  built,  provided  the  same  are  open  on  the  front  and  have 
brick  ends  not  less  than  eight  inches  thick,  carried  up  above  the  roof  of 
such  piazza,  or  balcony  and  coped.  The  roof  of  all  piazzas,  except  those  of 
wooden  buildings,  shall  be  covered  with  some  fire-proof  material.  Sheds 
of  wood  not  over  fifteen  feet  high,  open  on  at  least  one  side,  with  the  sides 
and  roof  thereof  covered  with  fire-proof  material,  may  also  be  built,  but  no 
fence  shall  be  used  as  the  back  or  side  of  any  such  shed.  Any  bay  or  oriel 
window  that  does  not  extend  more  than  three  feet  above  the  second  story 
ceiling  line  of  any  dwelling-house  may  be  built  of  wood.  Exterior  privies 
and  wood  or  coal  houses,  not  exceeding  one  hundred  and  fifty  square  feet 
in  superficial  area  and  eight  feet  high,  may  be  built  of  wood,  but  the  roofs 
thereof  must  be  covered  with  metal,  gravel  or  slate.  Sheds  erected  on 
piers,  wharves  or  bulkheads  on  a  water  front,  not  exceeding  twenty-five  feet 
in  height,  shall  be  covered  on  the  outside  with  slate,  tile,  metal  or  other 
incombustible  material.  Coal  elevators  or  pockets  for  the  storage  of  coal 
and  trestle  work  in  connection  therewith  shall  be  in  mode  of  construction 
and  location  as  may  be  approved  by  the  superintendent  of  buildings.  Grain 
elevators  may  be  constructed  of  wood,  but  all  the  external  wood  work  shall 
be  covered  with  incombustible  material,  and  when  such  building  exceeds 
sixty  feet  in  height,  the  two  lower  stories  shall  be  of  brick.  Lumber  or  other 
wood,  or  second-hand  combustible  material,  shall  not  be  piled  at  any  lesser 
distance  from  the  nearest  dwelling-house  than  double  the  height  of  such 
pile. 

§  36.  Outside  of  the  fire  limits  before  prescribed  herein,  buildings  of 
frame  or  wood  may  be  erected,  but  no  frame  building,  to  be  occupied  or 
used  as  a  stable,  workshop  or  manufactory,  shall  be  built  more  than  two 
stories  or  twenty-five  feet  in  height,  nor  shall  any  wooden  tower  or  spire  be 
built  or  rebuilt  to  a  greater  height  than  sixty  feet.  No  frame  or  wooden 
dwelling-house  hereafter  erected  shall  exceed  three  stories  or  thirty-five  feet 
in  height.  In  no  case  shall  a  wooden  building  be  erected  within  three  feet 
of  the  side  or  rear  line  of  a  lot,  unless  the  space  between  the  studs  on  any 
such  side  be  filled  in  solidly  with  not  less  than  four  inches  of  brick  work. 
When  two  or  more  such  houses  are  built  continuous,  the  party  or  division 
studding  shall  be  not  less  than  four  inches  thick  and  filled  in  solidly  with 
brick  work,  or  the  division  walls  may  be  of  brick  not  less  than  eight  inches 
thick  above  the  foundation  wall;  and  the  ends  of  the  floor  beams  shall  be 
so  separated  that  four  inches  of  brick  will  be  between  the  beams  where 
they  rest  on  said  walls.  All  frame  or  wooden  buildings  exceeding  a  height 
of  fifteen  feet  shall  be  built  with  sills,  posts,  girts,  plates  and  rafters,  all  of 
suitable  size  and  properly  mortised,  tenoned,  braced  and  pinned,  and  with 
suitable  studs  set  at  proper  distances  apart.  The  floor  beams  shall  not  be 
less  than  two  inches  in  thickness.  The  covering  of  roofs  may  be  of  shingle. 
The  sills  of  wooden  dwelling-houses  shall  be  not  less  than  two  feet  above 
the  ground  to  the  underside  of  same.  All  cellar  or  basement  walls  of 
frame  or  wooden  buildings  shall  be  not  less  than  eight  inches  thick,  if  of 
brick,  or  of  a  greater  thickness  if  of  stone.  When  any  said  wall  is  eight 


31 

feet  or  more  above  the  surface  of  the  ground,  then  the  wall  shall  be  not  less 
than  twelve  inches  thick,  if  of  brick,  or  not  less  than  sixteen  inches  thick  if 
of  stone.  Frame  buildings  sheathed  with  boards  and  partially  or  entirely 
covered  with  four  inches  of  brick  work  shall  be  deemed  to  be  frame 
buildings. 

§  37.  Every  dwelling  house  occupied  by  or  built  to  be  occupied  by 
three  or  more  families  above  the  first  story,  and  every  building  already 
erected,  or  that  may  hereafter  be  erected,  more  than  three  stories  in  height, 
occupied  and  used  as  a  hotel  or  lodging-house,  and  every  boarding-house 
having  more  than  fifteen  sleeping  rooms  above  the  basement  story,  and 
every  factory,  mill,  manufactory  or  work-shop,  hospital,  asylum  or  institu- 
tion for  the  care  or  treatment  of  individuals,  and  every  building  in  whole 
or  in  part  occupied  or  used  as  a  school  or  place  of  instruction  or  assembly, 
and  every  office  building  five  stories  or  more  in  height,  shall  be  provided 
with  such  good  and  sufficient  fire-escapes,  stairways,  or  other  means  of 
egress  in  case  of  fire  as  shall  be  directed  by  the  superintendent  of  buildings. 
The  superintendent  of  buildings  shall  make  rules  and  regulations  for  the 
construction  of  outside  fire-escape  balconies  and  ladders.  Said  rules  and 
regulations  shall  conform  to  those  adopted  and  published  by  the  Depart- 
ment of  Buildings  of  the  City  of  New  York,  as  such  rules  and  regulations 
now  are  or  by  amendments  and  additions  thereto  as  may  hereafter  be  pre- 
scribed, so  far  as  they  may  be  deemed  applicable  by  the  superintendent  of 
buildings  in  this  title  named.  The  superintendent  of  buildings  shall  have 
full  and  exclusive  power  and  authority  within  said  city  to  direct  fire-escapes 
and  other  means  of  egress  to  be  provided  upon  and  within  said  building  or 
any  of  them.  The  owner  or  owners  of  any  building  upon  which  a  fire- 
escape  is  erected  shall  keep  the  same  in  good  repair  and  properly  painted. 
No  person  shall  at  any  time  place  any  incumbrance  of  any  kind  whatsoever 
before  or  upon  any  fire-escape.  It  shall  be  the  duty  of  every  fireman  and 
policeman  who  shall  discover  any  fire-escape  balcony  or  ladder  of  any  fire- 
escape  incumbered  in  any  way  to  forthwith  report  the  same  to  the  com- 
manding officer  of  his  company  or  precinct,  and  such  commanding  officer 
shall  forthwith  cause  the  occupant  of  the  premises  or  apartment  to  which 
said  fire-escape  balcony  or  ladder  is  attached  or  for  whose  use  the  same  is 
provided,  to  be  notified  either  verbally  or  in  writing,  to  remove  such 
incumbrance  and  keep  the  same  clear.  If  such  notice  shall  not  be 
complied  with  by  the  removal,  forthwith,  of  such  incumbrance,  and  keeping 
said  fire-escape  balcony  or  ladder  free  from  incumbrance,  then  it  shall  be 
the  duty  of  said  commanding  officer,  to  apply  to  the  nearest  magistrate  for 
a  warrant  for  the  arrest  of  the  occupant  or  occupants  of  the  said  premises 
or  apartment  of  which  the  fire-escape  forms  a  part,  and  the  said  parties  shall 
be  brought  before  the  said  magistrate,  as  for  a  misdeameanor;  and,  on  con- 
viction, the  occupant  or  occupants  of  said  premises  or  apartment  shall  be 
fined  not  more  than  ten  dollars  for  each  offense,  or  may  be  imprisoned  not 
to  exceed  ten  days,  or  both,  in  the  discretion  of  the  court.  In  constructing 
all  balcony  fire-escapes,  the  manufacturer  thereof  shall  securely  fasten 
thereto  in  a  conspicuous  place,  a  cast-iron  plate  having  suitable  raised 
letters  on  the  same,  to  read  as  follows:  Notice!  Any  person  placing  any 
incumbrance  on  this  balcony  is  liable  to  a  penalty  of  ten  dollars  and 
imprisonment  for  ten  days.  The  owner,  proprietor  or  manager  of  every 


32 

hotel  and  lodging-house,  and  of  every  boarding-house  having  more  than 
fifteen  sleeping  rooms  above  the  ground  floor,  and  the  person  or  persons 
having  charge  or  management  of  every  public  or  private  hospital  or  asylum 
building,  as  may  be  deemed  necessary  by  the  chief  engineer  of  the  fire 
department  of  said  city,  shall,  within  three  months  after  the  passage  of  this 
act,  place  or  cause  to  be  placed  in  every  room  used  as  a  lodging  or  sleeping- 
room  in  such  building,  except  the  rooms  on  the  ground  floor,  and  also 
excepting  rooms  one  or  more  windows  of  which  open  upon  a  fire-escape 
having  direct  access  to  the  ground,  a  manilla  rope,  or  other  better  appliance 
to  be  approved  by  the  said  chief  of  fire  department,  to  be  used  as  an 
auxiliary  means  of  escape.  Said  rope  or  other  appliance  shall  be  securely 
fastened  on  one  end  to  a  suitable  iron  hook  or  eye,  to  be  securely  driven 
into  or  fastened  to  the  wall  or  stud  next  adjoining  the  frame  of  the  window, 
or  one  of  the  windows,  of  such  room,  and  at  all  times  be  coiled  up  and 
exposed  to  the  view  of  the  occupant  of  the  room,  the  coil  to  be  fastened  in 
such  slight  manner  as  to  be  easily  and  quickly  loosened.  Said  rope  shall 
not  be  less  than  one  inch  in  diameter  and  shall  be  of  sufficient  length  to 
reach  the  ground,  and  the  rope  and  fastenings  shall  be  of  sufficient  strength 
to  sustain  a  weight  of  not  less  than  one  thousand  pounds.  The  chief  of 
said  department  shall  cause  any  building  to  which  the  requirement  of  rope- 
escape  applies  to  be  periodically  inspected  to  ascertain  whether  the  pro- 
visions of  this  section  as  to  ropes  have  been  complied  with,  and  to  report 
any  omission  or  neglect  thereof  to  the  city  attorney.  The  provisions  of 
this  section  in  regard  to  auxiliary  rope  fire-escapes  shall  not  apply  to  fire- 
proof buildings.  All  buildings  requiring  fire-escapes  shall  have  stationary 
iron  ladders  leading  to  the  scuttle  opening  in  the  roof  thereof,  and  all 
scuttles  and  ladders  shall  be  kept  so  as  to  be  ready  for  use  at  all  times.  If 
a  bulkhead  is  used  in  place  of  a  scuttle,  it  shall  have  stairs  with  sufficient 
guard  or  hand-rail  leading  to  the  roof.  In  case  the  building  shall  be  a 
tenement-house,  the  door  in  the  bulkhead  or  any  scuttle  shall  at  no  time  be 
locked,  but  may  be  fastened  on  the  inside  by  movable  bolts  or  hooks. 
Every  dwelling-house  arranged  for  or  occupied  by  two  or  more  families 
above  the  first  story,  hereafter  erected,  shall  be  provided  with  an  entrance 
to  the  basement  thereof  from  the  outside  of  such  building. 

§  38.  The  superintendent  of  buildings  shall  make  rules  and  regula- 
tions in  accordance  with  which  the  drainage  and  plumbing  of  all  buildings 
hereafter  erected  shall  be  executed.  Said  rules  and  regulations  shall  con- 
form to  those  adopted  and  published  by  the  Department  of  Buildings  of 
the  City  of  New  York,  as  such  rules  and  regulations  now  are,  or  by  amend- 
ments and  additions  thereto  mav  hereafter  be  prescribed,  in  so  far  as  they 
may  be  deemed  applicable  by  the  superintendent  of  buildings  in  this  title 
named.  In  each  case  the  owner  or  his  agent,  architect  or  plumber  shall  file 
with  the  superintendent  of  buildings  suitable  drawings  and  descriptions  of 
the  drainage  and  plumbing,  and  no  part  of  such  work  shall  be  commenced 
or  proceeded  with  until  said  drawings  and  descriptions  shall  have  been  so 
filed  and  approved  by  the  superintendent  of  buildings. 

§  39.  The  light  and  ventilation  of  every  building  hereafter  erected  or 
altered  to  be  occupied  as  an  apartment-house,  tenement-house,  lodging- 
house  or  hotel  shall  be  provided  for  in  accordance  with  the  rules  and  regu- 
lations to  be  prescribed  by  the  superintendent  of  buildings.  Said  rules 


33 

and  regulations  shall  conform  to  those  adopted  and  published  by  the 
Department  of  Buildings  of  the  City  of  New  York,  as  the  said  rules  and 
regulations  for  light  and  ventilation  now  are,  or  by  amendments  and  addi- 
tions thereto  may  hereafter  be  prescribed,  so  far  as  they  may  be  deemed 
applicable  by  the  superintendent  of  buildings  in  this  title  named. 

§  40.  In  all  buildings  of  a  public  character,  such  as  hotels,  churches, 
theatres,  restaurants,  railroad  depots  public  halls  and  other  buildings  used 
or  intended  to  be  used  for  purposes  of  public  assembly,  amusement  or 
instruction,  the  halls,  doors,  stairways,  seats,  passageways  and  aisles,  and 
all  lighting  and  heating  appliances  and  apparatus  shall  be  arranged  as  the 
superintendent  of  buildings  shall  direct  to  facilitate  egress  in  cases  of  fire  or 
accident,  and  to  afford  the  requisite  and  proper  accommodation  for  the 
public  protection  in  such  cases.  All  aisles  and  passageways  in  said  build- 
ings shall  be  kept  free  from  camp  stools,  chairs,  sofas  and  other  obstruc- 
tions, and  no  person  shall  be  allowed  to  stand  in  or  occupy  any  of  said 
aisles  or  passageways  during  any  performance,  service,  exhibition,  lecture, 
concert,  ball  or  any  public  assemblage.  The  superintendent  of  buildings, 
with  the  concurrence  of  the  chief  engineer  of  the  fire  department,  may,  at 
any  time,  serve  a  written  or  printed  notice  upon  the  owner,  lessee  or 
manager  of  any  of  said  buildings,  directing  any  act  or  thing  to  be  done  or 
provided  in  or  about  the  said  buildings  and  the  several  appliances  there- 
with connected,  such  as  halls,  doors,  stairs,  windows,  seats,  aisles,  fire-walls 
and  fire-escapes,  so  as  to  afford  such  security  to  the  public  in  the  uses  to 
which  they  may  be  severally  applied,  as  they  may  deem  necessary.  Nothing 
herein  contained  shall  be  construed  to  authorize  or  require  any  other  alter- 
ations to  existing  theatres  than  are  specified  in  this  section.  Upon  report 
to  the  Mayor  of  the  city,  by  the  superintendent  of  buildings,  that  any  order 
or  requirement  of  this  title  in  regard  touheatres  or  places  of  public  amuse- 
ment has  been  violated  or  not  complied  with,  in  any  such  building,  the  said 
Mayor  may,  in  his  discretion,  revoke  the  license  of  such  theatre  or  place  of 
public  amusement,  and  cause  the  same  to  be  closed.  No  building  to  be 
used  and  occupied  as  a  public  school  shall  hereafter  be  erected  within  two 
hundred  feet  of  a  block  occupied  in  whole  or  in  part  by  a  criminal  court 
and  prison,  or  either  a  criminal  court  or  prison,  nor  shall  it  be  lawful  to 
hereafter  erect  a  building  to  be  used  and  occupied  as  a  criminal  court  and 
prison,  or  either  of  them,  within  two  hundred  feet  of  a  block  occupied  in 
whole  or  in  part  by  a  public  school  building. 

§  41.  Every  theatre  or  opera  house,  or  other  building  intended  to  be 
used  for  theatrical  or  operatic  purposes,  or  for  public  entertainments  of  any 
kind  where  stage  scenery  and  apparatus  are  employed,  hereafter  erected, 
shall  be  built  to  comply  with  the  requirements  of  this  section.  No  building 
which,  at  the  time  of  the  passage  of  this  act,  is  not  in  actual  use  for 
theatrical  or  operatic  purposes,  and  no  building  hereafter  erected  not  in 
conformity  with  the  requirements  of  this  section,  shall  be  used  for  theatrical 
or  operatic  purposes,  or  for  public  entertainments  of  any  kind  where  stage 
scenery  and  apparatus  are  employed,  until  the  same  shall  have  been  made 
to  conform  to  the  requirements  of  this  section.  And  no  building  herein- 
before described  shall  be  opened  to  the  public  for  theatrical  or  operatic 
purposes,  or  for  public  entertainments  of  any  kind  where  stage  scenery  or 
apparatus  are  employed,  until  the  superintendent  of  buildings  shall  have 


34 

approved  the  same  in  writing  as  conforming  to  the  requirements  of  this 
section,  and  the  Mayor  of  the  city  shall  refuse  to  issue  any  license  for  any 
such  building,  and  shall  close  the  same,  and  prevent  its  opening  until  a 
certificate  in  writing  of  such  approval  shall  have  been  given  by  the  superin- 
tendent of  buildings.  Every  such  building  sfyall  have  at  least  one  front  on 
the  street,  and  in  such  front  there  shall  be  suitable  means  of  entrance  and 
exit  for  the  audience.  In  addition  to  the  aforesaid  entrances  and  exits  on 
the  street,  there  shall  be  reserved  for  service  in  case  of  an  emergency,  an 
open  court  or  space  on  the  side  not  bordering  on  the  street,  where  said 
building  is  located  on  a  corner  lot;  and  on  both  sides  of  said  building, 
where  there  is  but  one  frontage  on  the  street.  The  width  of  such  open 
court  or  courts  shall  be  not  less  than  seven  feet  where  the  seating  capacity 
is  not  over  one  thousand  people,  above  one  thousand  and  not  more  than 
eighteen  hundred  people,  eight  feet  in  width,  and  above  eighteen  hundred 
people,  ten  feet  in  width.  Said  open  court  or  courts  shall  begin  on  a  line 
with  or  near  the  proscenium  wall  and  shall  extend  the  length  of  the 
auditorium  proper,  to  or  near  the  wall  separating  the  same  from  the 
entrance  lobby  or  vestibule.  A  separate  and  distinct  corridor  shall  continue 
to  the  street,  from  each  open  court,  through  such  superstructure  as  may  be 
built  on  the  street  side  of  the  auditorium,  with  continuous  walls  of  brick  or 
fire-proof  materials  on  each  side  of  the  entire  length  of  said  corridor  or 
corridors,  and  the  ceiling  and  floors  shall  be  fire-proof.  Said  corridor  or 
corridors  shall  not  be  reduced  in  width  to  more  than  two  feet  less  than  the 
width  of  the  open  court  or  courts,  and  there  shall  be  no  projection  in  the 
same;  the  outer  openings  to  be  provided  with  doors  or  gates  opening  toward 
the  street.  During  the  performance  the  doors  or  gates  in  the  corridor  shall 
be  kept  open  by  proper  fastenings;  at  other  times  they  may  be  closed  and 
fastened  by  movable  bolts  or -locks.  The  said  open  courts  and  corridors 
shall  not  be  used  for  storage  purposes,  or  for  any  purpose  whatsoever, 
except  for  exit  and  entrance  from  and  to  the  auditorium  and  stage,  and 
must  be  kept  free  and  clear  during  performances.  The  level  of  said  cor- 
ridors at  the  front  entrance  to  the  building  shall  not  be  greater  than  one 
step  above  the  level  of  the  sidewalk,  where  they  begin  at  the  street 
entrance,  and  the  entrance  of  the  main  front  of  the  building  shall  not  be  on 
a  higher  level  from  the  sidewalk  than  four  steps,  unless  approved  by  the 
superintendent  of  buildings.  To  overcome  any  difference  of  level  existing 
between  exits  from  the  parquet  into  courts  and  the  level  of  the  said  corri- 
dors, gradients  shall  be  employed  of  not  over  one  foot  in  ten  feet,  with  no 
perpendicular  risers.  From  the  auditorium  opening  into  the  said  open 
courts,  or  on  the  side  street,  there  shall  be  not  less  than  two  exits  on  each 
side,  in  each  tier,  from  and  including  the  parquet  and  each  and  every 
gallery.  Each  exit  shall  be  at  least  five  feet  in  width  in  the  clear,  and  pro- 
vided with  doors  of  iron,  or  wooden  doors  covered  with  tin  on  both  sides 
and  edges.  All  of  said  doors  shall  open  outwardly,  and  must  be  fastened 
with  movable  bolts,  the  bolts  to  be  kept  drawn  during  performances. 
There  shall  be  balconies  not  less  than  four  feet  in  width  in  the  said  open 
court  or  courts,  at  each  level  or  tier  above  the  parquet,  on  each  side  of  the 
auditorium,  of  sufficient  length  to  embrace  the  two  exits,  and  from  said 
balconies  there  shall  be  staircases  extending  to  the  ground  level,  with  a 
rise  of  not  over  eight  and  one-half  inches  to  a  step,  and  not  less  than  nine 


35 

inches  tread  exclusive  of  the  nosing.  The  staircase,  from  the  upper 
(balcony  to  the  next  below,  shall  not  be  less  than  thirty  inches  in  width  in 
the  clear,  and  from  the  first  balcony  to  the  ground,  three  feet  in  width  in  the 
•clear,  where  the  seating  capacity  of  the  auditorium  is  one  for  one  thousand 
people  or  less,  three  feet  and  six  inches  in  the  clear  where  above  one 
thousand  and  not  more  than  eighteen  hundred  people,  and  four  feet  in  the 
•clear  where  above  eighteen  hundred  people  and  not  more  than  twenty-five 
hundred  people,  and  not  over  four  feet  six  inches  in  the  clear  where  above 
twenty-five  hundred  people.  All  the  before  mentioned  balconies  and  stair- 
cases shall  be  constructed  of  iron  throughout,  including  the  floors,  and  of 
ample  strength  to  sustain  the  load  to  be  carried  by  them,  and  they  shall  be 
•covered  with  a  metal  hood  or  awning,  to  be  constructed  in  such  manner  as 
shall  be  satisfactory  to  the  superintendent  of  buildings.  Where  one  side  of 
the  building  borders  on  a  street,  there  shall  be  balconies  and  staircases  of 
like  capacity  and  kind,  as  before  mentioned,  but  said  staircases  shall  end 
.at  a  balcony* placed  not  less  than  seven  feet  above  the  level  of  the  ground, 
and  from  said  balcony  to  the  ground  there  shall  be  arranged  a  hinged  iron 
ladder.  When  located  on  a  corner  lot  that  portion  of  the  premises  border- 
ing on  the  side  street  and  not  required  for  the  uses  of  the  theatre  may,  if 
such  portion  be  not  more  than  twenty-five  feet  in  width,  be  used  for  offices, 
stores  or  apartments,  provided  the  walls  separating  this  portion  from  the 
theatre  proper  are  carried  up  solidly  to  and  through  the  roof,  and  that  a  fire- 
proof exit  is  provided  for  the  theatre,  on  each  tier,  equal  to  the  combined 
width  of  exits  opening  on  opposite  sides  of  each  tier,  communicating  with 
balconies  and  staircases  leading  to  the  street  in  manner  provided  elsewhere 
in  this  section;  said  exit  passages  shall  be  entirely  cut  off  by  brick  walls 
from  said  offices,  stores  or  apartments  and  the  floors  and  ceilings  in  each 
4ier  shall  be  fire-proof.  Nothing  herein  contained  shall  prevent  a  roof 
garden,  art  gallery,  or  rooms  for  similar  purposes  being  placed  above  a 
theatre  or  public  building,  provided  the  floor  of  the  same  forming  the  roof 
over  such  theatre  or  building  shall  be  constructed  of  iron  or  steel  and  fire- 
proof materials,  and  that  said  floor  shall  have  no  covering  boards  or 
sleepers  of  wood,  but  be  of  tile  or  cement.  Every  roof  over  said  garden  or 
rooms  shall  have  all  supports  and  rafters  of  iron  or  steel,  and  be  covered 
with  glass  or  fire-proof  materials,  or  both,  but  no  such  roof  garden,  art 
.gallery  or  room  for  any  public  purpose  shall  be  placed  over  or  above  that 
portion  of  any  theatre  or  other  building  which  is  used  as  a  stage.  No 
workshop,  storage  or  general  property  room  shall  be  allowed  above  the 
auditorium  or  stage,  or  under  the  same,  or  in  any  of  the  fly  galleries.  All 
of  said  rooms  or  shops  may  be  located  in  the  rear  or  at  the  side  of  the 
stage,  but  in  such  cases  they  shall  be  separated  from  the  stage  by  a  brick 
wall,  and  the  openings  leading  into  said  portions,  shall  have  fire-proof  doors 
•on  each  side  of  the  openings,  hung  to  iron  eyes  built  into  the  wall.  No 
portion  of  any  building  hereafter  erected  or  altered,  used  or  intended  to  be 
used,  for  theatrical  or  other  purposes  as  in  this  section  specified,  shall  be 
occupied  or  used  as  a  hotel,  boarding  or  lodging-house,  factory,  workshop 
•or  manufactory,  or  for  storage  purposes,  except  as  may  be  hereafter 
specially  prpvided  for.  Said  restriction  relates  not  only  to  that  portion  of 
•the  building  which  contains  the  auditorium  and  the  stage,  but  applies  also 
•40  the  entire  structure  in  conjunction  therewith.  No  store  or  room  con- 


36 

tained  in  the  building,  or  the  offices,  stores  or  apartments  adjoining,  as 
aforesaid,  shall  be  let  or  used  for  carrying  on  any  business  dealing  in 
articles  designated  as  especially  hazardous  in  the  classification  of  the 
Underwriters'  Association  of  New  York  State,  or  for  manufacturing  pur- 
poses. No  lodging  accommodation  shall  be  allowed  in  any  part  of  the 
building  communicating  with  the  auditorium.  Interior  walls  built  of  fire- 
proof materials  shall  separate  the  auditorium  from  the  entrance  vestibule, 
and  from  any  room  or  rooms  over  the  same,  also  from  any  lobbies,  corri- 
dors, refreshment  or  other  rooms.  All  staircases  for  the  use  of  the 
audience  shall  be  inclosed  with  walls  of  brick,  or  of  fire-proof  materials 
approved  by  the  superintendent  of  buildings,  in  the  stories  through  which 
they  pass,  and  the  openings  to  said  staircases  from  each  tier  shall  be  the 
full  width  of  such  staircase.  A  fire-wall,  built  of  brick,  shall  separate  the 
auditorium  from  the  stage,  and  the  same  shall  extend  at  least  four  feet 
above  the  stage  roof,  or  the  auditorium  roof,  if  the  latter  be  the  higher,  and 
shall  be  coped.  Above  the  proscenium  opening  there  shall  be  an  iron 
girder  of  sufficient  strength  to  safely  support  the  brick  wall  above,  and 
covered  with  flre-proof  materials  to  protect  it  from  the  heat.  Should  there 
be  constructed  an  orchestra  over  the  stage,  above  the  proscenium  opening, 
the  said  orchestra  shall  be  placed  on  the  auditorium  side  of  the  proscenium 
fire-wall,  and  shall  be  entered  only  from  the  auditorium  side  of  the  wall. 
The  molded  frame  around  the  proscenium  opening  shall  be  formed  entirely 
of  fire-proof  materials;  if  metal  be  used,  the  metal  shall  be  filled  in  solid 
with  non-combustible  material  and  securely  anchored  to  the  wall  with  iron. 
The  proscenium  opening  shall  be  provided  with  a  fire-proof  metal  curtain, 
or  a  curtain  of  asbestos,  or  other  fire-proof  material  approved  by  the  super- 
intendent of  buildings,  sliding  at  each  end  within  iron  grooves  or  other 
approved  device,  securely  fastened  to  the  brick  wall,  and  extending  beyond 
the  opening  not  less  than  six  inches  on  each  side.  Said  fire-proof  curtain 
shall  be  raised  at  the  commencement  of  each  performance  and  lowered  at 
the  close  of  said  performance,  and  be  operated  by  approved  machinery  for 
that  purpose.  The  proscenium  curtains  shall  be  placed  at  least  three  feet 
distant  from  the  foot-lights  at  the  nearest  point.  All  doorways  or  openings 
through  the  proscenium  wall,  from  the  auditorium,  in  every  tier,  shall  have 
doors  of  iron,  or  tin-covered  wooden  doors,  on  each  face  of  the  wall,  and 
the  doors  hung  so  as  to  be  opened  from  either  side  at  all  times.  There 
shall  be  no  openings  in  the  proscenium  fire  wall  above  the  level  of  the 
auditorium  ceiling.  Direct  access  to  these  doors  shall  be  provided  on  both 
sides,  and  the  same  shall  always  be  kept  free  from  any  incumbrance.  Iron 
ladders  or  stairs,  securely  fixed  to  the  wall,  on  the  stage  side,  shall  be  pro- 
vided to  overcome  any  difference  of  level  existing  between  the  floor  or 
galleries  on  the  stage  side  of  the  tire  wall  and  those  on  the  side  of  the 
auditorium.  There  shall  be  provided  over  the  stage,  metal  skylights,  of  an 
area  or  combined  area  of  at  least  one-twelfth  the  area  of  said  stage  fitted  up 
with  sliding  sash  and  glazed  with  double-thick  sheet  glass,  not  exceeding 
one-eighth  of  an  inch  thick,  and  each  pane  thereof  measuring  not  less  than 
three  hundred  square  inches,  and  the  whole  of  which  skylight  shall  be  so 
constructed  as  to  open  instantly  on  the  cutting  or  burning  of  a  hempen 
cord,  which  shall  be  arranged  to  hold  said  skylights  closed,  or  some  other 
equally  simple  approved  device  for  opening  them  may  be  provided.  Im- 


37 

mediately  under  the  glass  of  said  skylights  there  shall  be  a  wire  netting, 
uuless  the  glass  contains  a  wire  netting  within  itself.  All  that  portion  of 
the  stage  not  comprised  in  the  work  of  scenery,  traps  and  other  mechanical 
apparatus,  for  the  presentation  of  a  scene,  usually  equal  to  the  widih  of  the 
proscenium  opening,  shall  be  built  of  iron  or  steel  beams  filled  in  between 
with  fire-proof  material,  and  all  girders  for  the  support  of  said  beams  shall 
be  of  wrought-iron  or  rolled  steel.  The  fly  galleries  entire,  including  pin- 
rails,  shall  be  constructed  of  iron  or  steel,  and  the  floors  of  said  galleries 
shall  be  composed  of  iron  or  steel  beams,  filled  with  fire-proof  materials, 
and  no  wood  boards  or  sleepers  shall  be  used  as  covering  over  beams,  but 
the  said  floors  shall  be  entiiely  fire-proof.  The  rigging  loft  shall  be  fire- 
proof, except  the  floor  covering  the  same.  All  stage  scenery,  curtains  and 
decorations  made  of  combustible  material,  and  all  wood  work  on  or  about 
the  stage,  shall  be  painted  or  saturated  with  some  non-combustible  material 
to  render  the  same  safe  against  fire,  and  the  finishing  coats  of  paint  applied 
to  all  wood  work  throughout  the  entire  building  shall  be  of  such  kind  as 
will  resist  fire  to  the  satisfaction  of  the  superintendent  of  buildings.  The 
roof  over  the  auditorium  and  the  entire  main  floor  of  the  auditorium  and 
vestibule,  also  the  entire  floor  of  the  second  story  of  the  front  super- 
structure over  the  entrance,  lobby  and  corridors,  and  all  galleries  and  sup- 
ports for  same  in  the  auditorium  shall  be  constructed  of  iron  or  steel  and 
fire-proof  materials,  not  excluding  the  use  of  wood  floor  boards  and 
necessary  sleepers  to  fasten  the  same  to,  but  such  sleepers  shall  not  mean 
timbers  of  support  and  the  space  between  the  sleepers  shall  be  solidly  filled 
with  fire-proof  materials.  The  fronts  of  each  gallery  shall  be  formed  of 
fire-proof  materials,  excepting  the  capping,  which  may  be  made  of  wood. 
The  ceiling  under  each  gallery  shall  be  entirely  formed  of  fire-proof 
materials.  The  ceiling  of  the  auditorium  shall  be  formed  of  fire-proof 
materials.  All  lathing,  wherever  used,  shall  be  of  wire  or  sheet  metal. 
The  partitions  in  that  portion  of  the  building  which  contains  the  auditorium, 
the  entrance  vestibule  and  every  room  and  passage  devoted  to  the  use  of 
the  audience,  shall  be  constructed  of  fire-proof  materials,  including  the 
furring  of  outside  or  other  walls.  None  of  the  walls  or  ceilings  shall  be 
covered  with  wood  sheathing,  canvas,  or  any  combustible  materials,  but 
this  shall  not  exclude  the  use  of  wood  wainscoting  to  a  height  not  to  exceed 
six  feet,  which  shall  be  filled  in  solid  between  the  wainscoting  and  the  wall 
with  fire-proof  materials.  The  walls  separating  the  actors'  dressing-room 
from  the  stage,  and  the  partitions  dividing  the  dressing-rooms,  together 
with  the  partitions  of  every  passageway  from  the  same  to  the  stage,  and  all 
other  partitions  on  or  about  the  stage  shall  be  constructed  of  fire-proof 
material  approved  by  the  superintendent  of  buildings.  All  doors  in  any  of 
said  partitions  shall  be  of  iron  or  of  wood  covered  with  tin.  All  the 
shelving  and  cupboards  in  each  and  every  dressing-room,  property-room  or 
other  storage  rooms,  shall  be  constructed  of  metal,  slate  or  some  fire-proof 
material.  Dressing-rooms  may  be  placed  in  the  fly  galleries,  provided  that 
proper  exits  are  secured  therefrom  to  the  fire-escapes  in  the  open  courts, 
and  that  the  partitions  and  other  matters  pertaining  to  dressing-rooms,  shall 
conform  to  the  requirements  herein  contained,  but  the  stairs  leading  to  the 
same  shall  be  fire-proof.  All  seats  in  the  auditorium,  excepting  those  con- 
tained in  boxes,  shall  be  firmly  secured  to  the  floor,  and  no  seat  in  the 


38 

auditorium  shall  have  more  than  six  seats  intervening  between  it  and  an» 
aisle,  on  either  side,  anc1  no  stool  or  seat  shall  be  placed  in  any  aisle.  All1 
platforms  in  galleries,  formed  to  receive  the  seats,  shall  not  be  more  than 
twenty-one  inches  ia  height  of  riser,  nor  less  than  thirty  inches  in  width  of 
platform.  All  aisles  on  the  respective  floors  in  the  auditorium,  having 
seats  on  both  sides  of  same,  shall  be  not  less  than  three  feet  wide  where 
they  begin,  and  shall  be  increased  in  width  towards  the  exits,  in  the  ratio  of 
one  and  one-half  inches  to  five  running  feet.  Aisles  having  seats  on  one 
side  only  shall  be  not  less  than  two  feet  wide  at  their  beginning  and 
increased  in  width  the  same  as  aisles  having  seats  on  both  sides.  The 
aggregate  capacity  of  the  foyers,  lobbies,  corridors,  passages  and  rooms  for 
the  use  of  the  audience,  not  including  aisle  space  between  seats,  shall,  on 
each  floor  or  gallery,  be  sufficient  to  contain  the  entire  number  to  be  accom- 
modated on  said  floor  or  gallery,  in  the  ratio  of  one  hundred  and  fifty  super- 
ficial feet  of  floor  room  for  every  one  hundred  persons.  Gradients  or 
inclined  planes  shall  be  employed  instead  of  steps,  where  possible,  to  over- 
come slight  differences  of  level  in  or  between  aisles,  corridors  and 
passages.  Every  theatre  accommodating  three  hundred  persons  shall  have 
at  least  two  exits;  when  accommodating  five  hundred  persons,  at  least 
three  exits  shall  be  provided,  these  exits  not  referring  to  or  including  the 
exits  to  the  open  court  or  courts  at  the  sides  of  the  theatre.  Doorways  of 
exit  or  entrance  for  the  use  of  the  public  shall  not  be  less  than  five  feet  in 
width,  and  for  every  additional  one  hundred  persons  or  portions  thereof  to- 
be  accommodated,  in  excess  of  five  hundred,  an  aggregate  of  twenty  inches 
additional  exit  must  be  allowed.  All  doors  of  exit  or  entrance  shall  open, 
outwardly  and  be  hung  to  swing  in  such  a  manner  as  not  to  become  an 
obstruction  in  a  passage  or  corridor,  and  no  such  doors  shall  be  closed  and 
locked  during  any  representation,  or  when  the  building  is  open  to  the 
public.  Distinct  and  separate  places  of  exit  and  entrance  shall  be  provided' 
for  each  gallery  above  the  first.  A  common  place  of  exit  and  entrance  may 
serve  for  the  main  floor  of  the  auditorium  and  the  first  gallery.  No  passage 
leading  to  any  stairway  communicating  with  any  entrance  or  exit  shall  be 
less  than  four  feet  in  width  in  any  part  thereof.  All  stairs  within  the  build- 
ing shall  be  constructed  of  fire-proof  material  throughout.  Stairways 
serving  for  the  exit  of  fifty  people  must  be  at  least  four  feet  wide,  between 
railings,  or  between  walls,  and  for  every  additional  fifty  people  to  be- 
accommodated  six  inches  must  be  added  to  their  width.  In  no  case  shall 
the  risers  of  any  stairs  exceed  seven  and  a  half  inches  in  height,  nor  shall 
the  treads,  exclusive  of  nosings,  be  less  than  ten  and  one-half  inches  wide 
in  straight  stairs.  No  circular  or  winding  stairs  for  the  use  of  the  public 
shall  be  permitted.  Where  the  seating  capacity  is  for  more  than  one 
thousand  people,  there  shall  be  at  least  two  independent  staircases,  with 
direct  exterior  outlets,  provided  for  each  gallery  in  the  auditorium,  where 
there  are  not  more  than  two  galleries,  and  the  same  shall  be  located  on 
opposite  sides  of  said  galleries.  Where  there  are  more  than  two  galleries, 
one  or  more  additional  staircases  shall  be  provided,  the  outlets  from  which 
shall  communicate  directly  with  the  principal  exit  or  other  exterior  outlets. 
All  said  staircases  shall  be  of  width  proportioned  to  the  seating  capacity  as 
elsewhere  herein  prescribed.  Where  the  seating  capacity  is  for  one 
thousand  people,  or  less,  two  direct  lines  of  staircase  only  shall  be  required,. 


39 

located  on  opposite  sides  of  the  galleries,  and  in  both  cases  shall  extend 
from  the  sidewalk  level  to  the  upper  gallery,  with  outlets  from  each  gallery 
to  each  of  said  staircases.  At  least  two  independent  staircases,  with  direct 
exterior  outlets,  shall  also  be  provided  for  the  service  of  the  stage  and  shall 
be  located  on  the  opposite  sides  of  the  same.  All  inside  stairways  leading 
to  the  upper  galleries  of  the  auditorium  shall  be  inclosed  on  both  sides 
with  walls  of  fire-proof  materials.  Stairs  leading  to  the  first  or  lower 
gallery  may  be  left  open  on  one  side,  in  which  case  they  must  be  con- 
structed as  herein  provided  for  similar  stairs  leading  from  the  entrance  hall 
to  the  main  floor  of  the  auditorium.  But  in  no  case  shall  stairs  leading  to 
any  gallery  be  left  open  on  both  sides.  When  stairs  return  directly  on 
themselves,  a  landing  of  the  full  width  of  both  flights,  without  any  steps, 
shall  be  provided.  The  outer  line  of  landings  shall  be  curved,  so  as  to 
avoid  square  angles.  Stairs  turning  at  an  angle  shall  have  a  proper  landing 
without  winders  introduced  at  said  turn.  In  stairs,  when  two  side  flights 
connect  with  one  main  flight,  no  winders  shall  be  introduced  and  the  width 
of  the  main  flight  shall  be  at  least  equal  to  the  aggregate  width  of  the  side 
flights.  All  inclosed  staircases  shall  have,  on  both  sides,  strong  hand-rails, 
firmly  secured  to  the  wall  about  three  inches  distant  therefrom  and  about 
three  feet  above  the  stairs,  but  said  hand-rails  shall  not  run  on  level  plat- 
forms and  landings  where  the  same  is  more  in  length  than  the  width  of  the 
stairs.  All  staircases  seven  feet  and  over  in  width  shall  be  provided  with  a 
center  hand-rail  of  hard  wood,  or  metal,  not  less  than  two  inches  in 
diameter,  placed  at  a  height  of  about  three  feet  above  the  center  of  the 
treads,  and  supported  on  wrought-iron  or  brass  standards  of  sufficient 
strength,  placed  not  nearer  than  four  feet  nor  more  than  six  feet  apart  and 
securely  bolted  to  the  treads  or  risers  of  stairs,  or  both.  Every  steam  boiler 
which  may  be  required  for  heating  or  other  purposes  shall  be  located  out- 
side of  the  building,  and  the  space  allotted  to  the  same  shall  be  inclosed  by 
walls  of  masonry  on  all  sides,  and  the  ceiling  of  such  space  shall  be 
constructed  of  fire-proof  materials.  All  doorways  in  said  walls  shall  have 
iron  doors.  No  coil  or  radiator  shall  be  placed  in  any  aisle  or  passageway 
used  as  an  exit;  but  all  said  coils  and  radiators  shall  be  placed  in  recesses 
formed  in  the  wall  or  partition  to  receive  the  same.  All  supply,  return  or 
exhaust  pipes  shall  be  properly  incased  and  protected  where  passing 
through  floors  or  near  wood  work.  Stand  pipes  of  two  and  one-half 
inches  diameter  shall  be  provided,  with  hose  attachments  on  every  floor 
and  gallery,  as  follows,  namely:  One  on  each  side  of  the  auditorium  in  each 
tier;  also  one  on  each  side  of  the  stage  in  each  tier,  and  at  least  one  in  the 
property-room  and  one  in  the  carpenter's  shop,  if  the  same  be  contiguous  to 
the  building.  All  such  stand  pipes  shall  be  kept  clear  from  obstruction. 
Such  stand  pipes  shall  be  separate  and  distinct,  receiving  their  supply  of 
water  direct  from  the  steam  pumps,  and  shall  be  fitted  with  the  regulation 
couplings  of  the  fire  department,  and  shall  be  kept  constantly  filled  with 
water  by  means  of  an  automatic  steam  pump  or  pumps,  of  sufficient 
capacity  to  supply  all  the  lines  of  hose  when  operated  simultaneously;  and 
said  pump  or  pumps  shall  be  supplied  with  water  from  the  street  main  and 
be  ready  for  immediate  use  at  all  times  during  a  performance  in  said 
building.  A  separate  and  distinct  system  of  automatic  sprinklers,  with 
fusible  plugs,  approved  by  the  superintendent  of  buildings,  supplied  with 


40 

water  from  a  tank  located  on  the  roof,  over  the  stage,  and  not  connected  in 
any  manner  with  the  stand  pipes,  shall  be  placed  on  the  ceiling  or  roof, 
over  the  stage,  at  such  intervals  as  will  protect  every  square  foot  of  stage 
surface  when  said  sprinklers  are  in  operation.  Automatic  sprinklers  shall 
also  be  placed  in  the  dressing-rooms,  under  the  stage,  in  the  carpenter- 
shop,  paint-rooms,  store-rooms  and  property-rooms.  A  proper  and 
sufficient  quantity  of  two  and  one-half  inch  hose,  not  less  than  fifty  feet  in 
length,  fitted  with  the  regulation  couplings  of  the  fire-department,  and  with 
nozzles  attached  thereto,  and  with  hose  spanners  at  each  outlet,  shall  be 
kept  always  attached  to  each  hose  attachment.  There  shall  also  be  kept  in 
readiness,  for  immediate  use  on  the  stage,  at  least  four  casks  full  of  water, 
and  two  buckets  to  each  cask.  Said  casks  and  buckets  shall  be  painted 
red.  There  shall  also  be  provided  hand  pumps,  or  other  portable  fire 
extinguishing  apparatus,  and  at  least  four  axes,  and  two  twenty-five  feet 
hooks,  two  fifteen  feet  hooks  and  two  ten  feet  hooks  on  each  tier  or  floor  of 
the  stage.  Every  portion  of  the  building  devoted  to  the  uses  or  accom- 
modation of  the  public,  also  all  outlets  leading  to  the  streets,  and  including 
the  open  courts  and  corridors,  shall  be  well  and  properly  lighted  during 
every  performance,  and  the  same  shall  remain  lighted  until  the  entire 
audience  has  left  the  premises.  At  least  two  or  more  oil  lamps  on  each 
side  of  the  auditorium,  in  each  tier,  shall  be  provided  on  fixed  brackets, 
not  less  than  seven  feet  above  the  floor.  Said  lamps  shall  be  filled  with 
whale  or  lard  oil,  and  shall  be  kept  lighted  during  each  performance,  or  in 
place  of  said  lamps,  candles  shall  be  provided.  All  gas  or  electric  lights 
in  the  halls,  corridors,  lobby,  or  any  other  part  of  said  building  used  by  the 
audience,  except  the  auditorium,  must  be  controlled  by  a  separate  shut-off, 
located  in  the  lobby,  and  controlled  only  in  that  particular  place.  Gas 
mains  supplying  the  building  shall  have  independent  connections  for  the 
auditorium  and  the  stage,  and  provision  shall  be  made  for  shutting  off  the 
gas  from  the  outside  of  the  building.  When  interior  gas-lights  are  not  lighted 
by  electricity,  other  suitable  appliances,  to  be  approved  by  the  superin- 
tendent of  buildings,  shall  be  provided.  All  suspended  or  bracket  lights 
surrounded  by  glass,  in  the  auditorium,  or  in  any  part  of  the  building 
devoted  to  the  public  shall  be  provided  with  proper  wire  netting  under- 
neath. No  gas  or  electric  light  shall  be  inserted  in  the  walls,  woodwork, 
ceilings,  or  in  any  part  of  the  building  unless  protected  by  fire-proof 
materials.  All  lights  in  passages  and  corridors  in  said  buildings,  and 
wherever  deemed  necessary  by  the  superintendent  of  buildings,  shall  be 
protected  with  proper  wire  net-work.  The  foot-lights  in  addition  to  the 
wire  net-work  shall  be  protected  by  a  strong  wire  guard  or  chain  placed  not 
less  than  fwo  feet  distant  from  said  foot-lights,  and  the  trough  containing 
said  foot-lights  shall  be  formed  of  and  surrounded  by  fire-proof  materials. 
All  border  lights  shall  be  constructed  according  to  the  best  known 
methods,  subject  to  the  approval  of  the  superintendent  of  buildings,  and 
shall  be  suspended  for  ten  feet  by  wire  rope.  All  ducts  or  shafts  used  for 
conducting  heated  air  from  the  main  chandelier,  or  from  any  other  light  or 
lights,  shall  be  constructed  of  metal  and  made  double,  with  an  air  space 
between.  All  stage  lights  shall  have  strong  metal  wire  guards  or  screens, 
not  less  than  ten  inches  in  diameter,  so  constructed  that  any  material  in 
contact  therewith  shall  be  out  of  reach  of  the  flames  of  said  stage  lights, 


41 

and  shall  be  soldered  to  the  fixture  in  all  cases.  The  stand-pipes,  gas- 
pipes,  electric  wires,  hose,  and  all  apparatus  for  the  extinguishing  of  fire 
or  guarding  against  the  same,  as  in  this  section  specified  shall  be  in  charge 
and  under  control  of  the  fire  department,  and  the  commissioners  of  said 
department  are  hereby  directed  to  see  that  the  arrangements  in  respect 
thereto  are  carried  out  and  enforced.  A  diagram  or  plan  of  each  tier, 
gallery  or  floor,  showing  distinctly  the  exits  therefrom  shall  be  printed  in  a 
legible  manner  on  the  programme  of  the  performance.  Every  exit  shall 
have  over  the  same  on  the  inside  the  word  EXIT  painted  in  legible  letters 
not  less  than  eight  inches  high. 


TITLE  II. 

RELATING  TO  CITIES  HAVING  A  POPULATION  EXCEEDING 

THIRTY  THOUSAND  BUT  NOT 
EXCEEDING  SEVENTY-FIVE  THOUSAND  INHABITANTS. 

§  42.  The  fire  department  in  each  of  the  cities  named  in  section  one  of 
this  act,  to  which  title  two  is  to  apply,  is  hereby  charged  with  the  enforce- 
ment of  the  provisions  of  this  act,  as  hereby  provided  for  the  survey  and 
inspection  of  buildings,  through  a  "bureau  of  buildings,"  which  shall  be 
created  in  said  department  within  thirty  days  after  this  act  shall  take  effect. 

§  43.  The  chief  officer  of  the  bureau  of  buildings  hereby  created  shall 
be  called  the  superintendent  of  buildings,  and  he  and  the  inspectors,  clerks 
and  employes  sjiall  be  appointed  by  the  commissioners  of  the  fire  department 
in  such  numbers  and  for  such  terms  and  at  such  compensation  as  they,  the 
said  commissioners,  may  determine  and  fix,  and  shall  be  subject  to  removal 
after  written  charges  shall  have  been  preferred  against  them  and  they  shall 
have  had  an  opportunity  to  be  heard  thereon.  The  said  bureau  shall  be 
furnished,  at  the  expense  of  the  city,  with  office  room,  and  supplied  with 
furniture,  books,  blanks,  stationery  and  other  supplies  as  may  be  necessary 
for  the  proper  transaction  of  its  business. 

§  44.  Sections  Nine,  Ten,  Eleven,  Twelve,  Thirteen,  Fourteen,  Fif- 
teen, Sixteen,  Seventeen,  Eighteen,  Nineteen,  Twenty,  Twenty-one,  Twenty- 
two,  Twenty-three,  Twenty-four,  Twenty-five,  Twenty-six,  Twenty-seven, 
Twenty-eight,  Twenty-nine,  Thirty,  Thirty-one,  Thirty-two,  Thirty-three, 
Thirty-four,  Thirty-five,  Thirty-six,  Thirty-seven,  Thirty-eight,  Thirty-nine 
and  Forty  of  Title  One  of  this  Act  shall  also  be  deemed  to  be  parts  of,  and 
shall  apply  to  the  construction,  regulation,  survey  and  inspection  of  build- 
ings within  the  cities  affected  by  this  Title. 

§  45.  Every  theatre  or  opera  house,  or  other  building  intended  to  be 
used  for  theatrical  or  operatic  purposes,  or  for  public  entertainments  of  any 
kind  where  stage  scenery  and  apparatus  are  employed,  hereafter  erected, 
shall  be  built  to  comply  with  the  requirements  of  this  section.  No  building 
which,  at  the  time  of  the  passage  of  this  act,  is  not  in  actual  use  for 


42 

theatrical  or  operatic  purposes,  and  no  building  hereafter  erected  not  in 
conformity  with  the  requirements  of  this  section,  shall  be  used  for  theatrical 
or  operatic  purposes,  or  for  public  entertainments  of  any  kind  where  stage 
scenery  and  apparatus  are  employed,  until  the  same  shall  have  been  made 
to  conform  to  the  requirements  of  this  section.  And  no  building  herein- 
before described  shall  be  opened  to  the  public  for  theatrical  or  operatic 
purposes,  or  for  public  entertainments  of  any  kind  where  stage  scenery  or 
apparatus  are  employed,  until  the  superintendent  of  buildings  shall  have 
approved  the  same  in  writing  as  conforming  to  the  requirements  of  this 
section,  and  the  Mayor  of  the  city  shall  refuse  to  issue  any  license  for  any 
such  building,  and  shall  close  the  same,  and  prevent  its  opening  until  a 
certificate  in  writing  of  such  approval  shall  have  been  given  by  the  superin- 
tendent of  buildings.  Every  such  building  shall  have  from  and  to  the 
street  suitable  means  of  entrance  and  exit  for  the  audience.  In  addition 
to  the  aforesaid  entrances  and  exits  on  the  street,  there  shall  be  reserved 
for  service  in  case  of  an  emergency,  an  open  court  or  space  on  the  side  not 
bordering  on  the  street,  where  said  building  is  located  on  a  corner  lot;  and 
on  both  sides  of  said  building,  where  there  is  but  one  frontage  on  the 
street.  The  width  of  such  open  court  or  courts  shall  be  not  less  than  seven 
feet  where  the  seating  capacity  is  not  over  one  thousand  people,  above  one 
thousand  and  not  more  than  eighteen  hundred  people,  eight  feet  in  width, 
and  above  eighteen  hundred  people,  ten  feet  in  width.  Said  open  court  or 
courts  shall  begin  on  a  line  with  or  near  the  proscenium  wall  and  shall 
extend  the  length  of  the  auditorium  proper,  to  or  near  the  wall  separating 
the  same  from  the  entrance  lobby  or  vestibule.  A  separate  and  distinct 
corridor  shall  continue  to  the  street,  from  each  open  court,  through  such 
superstructure  as  may  be  built  on  the  street  side  of  the  auditorium,  with 
continuous  walls  of  brick  or  fire-proof  materials  on  each  side  the  entire 
length  of  said  corridor  or  corridors,  and  the  ceiling  and  floors  shall  be  fire- 
proof. Said  corridor  or  corridors  shall  not  be  reduced  in.  width  to  more 
than  two  feet  less  than  the  width  of  the  open  court  or  courts,  and  there  shall 
be  no  projection  in  the  same;  the  outer  openings  to  be  provided  with  doors 
or  gates  opening  toward  the  street.  During  the  performance  the  doors  or 
gates  in  the  corridor  shall  be  kept  open  by  proper  fastenings;  at  other 
times  they  may  be  closed  and  fastened  by  movable  bolts  or  locks.  The 
said  open  courts  and  corridors  shall  not  be  used  for  storage  purposes,  or 
for  any  purpose  whatsoever  except  for  exit  and  entrance  from  and  to  the 
auditorium  and  stage,  and  must  be  kept  free  and  clear  during  performances. 
The  level  of  said  corridors  at  the  front  entrance  to  the  building  shall  not  be 
greater  than  one  step  above  the  level  of  the  sidewalk  where  they  begin  at 
the  street  entrance,  and  the  entrance  of  the  main  front  of  the  building  shall 
not  be  on  a  higher  level  from  the  sidewalk  than  four  steps,  unless  approved 
by  the  superintendent  of  buildings.  To  overcome  any  difference  of  level 
existing  between  exit  from  the  parquet  into  courts  and  the  level  of  the  said 
corridors,  gradients  shall  be  employed  of  not  over  one  foot  in  ten  feet  with 
no  perpendicular  risers.  From  the  auditorium  opening  into  the  said  open 
courts,  or  on  the  side  street,  there  shall  be  not  less  than  two  exits  on  each 
side  in  each  tier  from  and  including  the  parquet  and  each  and  every  gallery. 
Each  exit  shall  be  at  least  five  feet  in  width  in  the  clear,  and  provided  with 
doors  of  iron,  or  wooden  doors  covered  with  tin  on  both  sides  and  edges. 


43 

All  of  said  doors  shall  open  outwardly,  and  must  be  fastened  with  movable 
bolts,  the  bolts  to  be  kept  drawn  during  performances.  There  shall  be 
balconies  not  less  than  four  feet  in  width  in  the  said  open  court  or  courts, 
at  each  level  or  tier  above  the  parquet,  on  each  side  of  the  auditorium,  of 
sufficient  length  to  embrace  the  two  exits,  and  from  said  balconies  there 
shall  be  staircases  extending  to  the  ground  level,  with  a  rise  of  not  over 
eight  and  one-half  inches  to  a  step,  and  not  less  than  nine  inches  tread, 
exclusive  of  the  nosing.  The  staircase,  from  the  upper  balcony  to  the  next 
below,  shall  not  be  less  than  thirty  inches  in  width  in  the  clear,  and  from 
the  first  balcony  to  the  ground,  three  feet  in  width  in  the  clear  where  the 
seating  capacity  of  the  auditorium  is  for  one  thousand  people  or  less;  three 
feet  and  six  inches  in  the  clear  where  above  one  thousand  and  not  more 
than  eighteen  hundred  people,  and  four  feet  in  the  clear  where  above 
eighteen  hundred  people  and  not  more  than  twenty-five  hundred  people, 
and  not  over  four  feet  six  inches  in  the  clear  where  above  twenty-five 
hundred  people.  All  the  before  mentioned  balconies  and  staircases  shall 
be  constructed  of  iron  throughout,  including  the  floors,  and  of  ample 
strength  to  sustain  the  load  to  be  carried  by  them,  and  they  shall  be 
covered  with  a  metal  hood  or  awning,  to  be  constructed  in  such  manner  as 
shall  be  satisfactory  to  the  superintendent  of  buildings.  Where  one  side  of 
the  building  borders  on  a  street  there  shall  be  balconies  and  staircases  of 
like  capacity  and  kind  as  before  mentioned,  but  said  staircases  shall  end  at 
a  balcony  placed  not  less  than  seven  feet  above  the  level  of  the  ground,  and 
from  said  balcony  to  the  ground  there  shall  be  arranged  a  hinged  iron 
ladder.  When  located  on  a  corner  lot,  that  portion  of  the  premises 
bordering  on  the  side  street,  and  not  required  for  the  uses  of  the  theatre, 
may,  if  such  portion  be  not  more  than  twenty-five  feet  in  width,  be  used 
for  offices,  stores  or  apartments,  provided  the  walls  separating  this  portion 
from  the  theatre  proper  are  carried  up  solidly  to  and  through  the  roof,  and 
that  a  fire-proof  exit  is  provided  for  the  theatre,  on  each  pier,  equal  to  the 
combined  width  of  exits  opening  on  opposite  sides  in  each  tier,  communi- 
cating with  balconies  and  staircases  leading  to  the  street  in  manner  pro- 
vided elsewhere  in  this  section;  said  exit  passages  shall  be  entirely  cut  off 
by  brick  walls  from  said  offices,  stores  or  apartments  and  the  floors  and 
ceilings  in  each  tier  shall  be  fire-proof.  Nothing  herein  contained  shall  pre- 
vent a  roof  garden,  art  gallery,  or  rooms  for  similar  purposes  being  placed 
above  a  theatre  or  public  building,  provided  the  floor  of  the  same  forming 
the  roof  over  such  theatre  or  building  shall  be  constructed  of  iron  or  steel 
and  fire-proof  materials,  and  that  said  floor  shall  have  no  covering  boards 
or  sleepers  of  wood,  but  be  of  tile  or  cement.  Every  roof  over  said  garden 
or  rooms  shall  have  all  supports  and  rafters  of  iron  or  steel,  and  be  covered 
with  glass  or  fire-proof  materials  or  both,  but  no  such  roof  garden,  art 
gallery  or  room  for  any  public  purpose  shall  be  placed  over  or  above  that 
portion  of  any  theatre  or  other  building  which  is  used  as  a  stage.  No- 
workshop,  storage  or  general  property-room  shall  be  allowed  above  the 
auditorium  or  stage,  or  under  the  same,  or  in  any  of  the  fly  galleries.  All 
of  said  rooms  or  shops  may  be  located  in  the  rear  or  at  the  side  of  the  stage, 
but  in  such  cases  they  shall  be  separated  from  the  stage  by  a  brick  wall, 
and  the  openings  leading  into  said  portions  shall  have  fire-proof  doors  on 
each  side  of  the  openings,  hung  to  iron  eyes  built  into  the  wall.  No 


44 

portion  of  any  building  hereafter  erected  or  altered,  used  or  intended  to  be 
used  for  theatrical  or  other  purposes  as  in  this  section  specified,  shall  be 
occupied  or  used  as  a  hotel,  boarding  or  lodging-house,  factory,  workshop 
or  manufactory  or  for  storage  purposes,  except  as  may  be  hereafter  specially 
provided  for.  No  store  or  room  contained  in  the  building,  or  the  offices, 
stores  or  apartments  adjoining,  as  aforesaid,  shall  be  let  or  used  for  carry- 
ing on  any  business  dealing  in  articles  designated  as  especially  hazardous 
in  the  classification  of  the  Underwriters'  Association  of  New  York  State,  or 
for  manufacturing  purposes.  No  lodging  accommodation  shall  be  allowed 
in  any  part  of  the  building  communicating  with  the  auditorium.  Interior 
walls  built  of  fire-proof  materials  shall  separate  the  auditorium  from  the 
entrance  vestibule,  and  from  any  room  or  rooms  over  the  same;  also  from 
any  lobbies,  corridors,  refreshment  or  other  rooms.  All  staircases  for  the 
use  of  the  audience  shall  be  inclosed  with  walls  of  brick,  or  fire-proof 
materials  approved  by  the  superintendent  of  buildings,  in  the  stories 
through  which  they  pass,  and  the  openings  to  said  staircases  from  each  tier 
shall  be  the  full  width  of  such  staircase.  A  fire-wall,  built  of  brick,  shall 
separate  the  auditorium  from  the  stage,  and  the  same  shall  extend  at  least 
four  feet  above  the  stage  roof,  or  the  auditorium  roof,  if  the  latter  be  the  higher, 
and  shall  be  coped.  Above  the  proscenium  opening,  there  shall  be  an  iron 
girder  of  sufficient  strength  to  support  the  brick  wall  above,  and  covered 
with  fire-proof  materials  to  protect  it  from  the  heat.  Should  there  be  con- 
structed an  orchestra  over  the  stage,  above  the  proscenium  opening,  the 
said  orchestra  shall  be  placed  on  the  auditorium  side  of  the  proscenium  fire 
wall,  and  shall  be  entered  only  from  the  auditorium  side  of  said  wall.  The 
molded  frame  around  the  proscenium  opening  shall  be  formed  entirely  of 
iire-proof  materials;  if  metal  be  used,  the  metal  shall  be  filled  in  solid  with 
non-combustible  material  and  securely  anchored  to  the  wall  with  iron.  The 
proscenium  opening  shall  be  provided  with  a  fire-proof  metal  curtain,  or  a 
curtain  of  asbestos,  or  other  fire-proof  material  approved  by  the  superin- 
tendent of  buildings,  sliding  at  each  end  within  iron  grooves  or  other 
approved  device,  securely  fastened  to  the  brick  wall,  and  extending  beyond 
the  opening,  not  less  than  six  inches  on  each  side.  Said  fire-proof  curtain 
shall  be  raised  at  the  commencement  of  each  performance  and  lowered  at 
the  close  of  said  performance,  and  be  operated  by  approved  machinery  for 
that  purpose.  The  proscenium  curtains  shall  be  placed  at  least  three  feet 
distance  from  the  foot-lights  at  the  nearest  point.  All  doorways  or  open- 
ings through  the  proscenium  wall,  from  the  auditorium,  in  every  tier,  shall 
have  doors  of  iron  or  tin-covered  wooden  doors  on  each  face  of  the  walls, 
and  the  doors  hung  so  as  to  be  opened  from  either  side  at  all  times.  There 
shall  be  no  openings  in  the  proscenium  fire-wall  above  the  level  of  the 
auditorium  ceiling.  Direct  access  to  these  doors  shall  be  provided  on  both 
sides,  and  the  same  shall  always  be  kept  free  from  any  incumbrance.  Iron 
ladders  or  stairs,  securely  fixed  to  the  wall,  on  the  stage  side,  shall  be  pro- 
vided to  overcome  any  difference  of  level  existing  between  the  floor  or 
galleries  on  the  stage  side  of  the  fire-wall  and  those  on  the  side  of  the 
auditorium.  There  shall  be  provided  over  the  stage,  metal  skylights  of  an 
area  or  combined  area  of  at  least  one-twelfth  the  area  of  said  stage  fitted  up 
with  sliding  sash  and  glazed  with  double-thick  sheet  glass,  not  exceeding 
one-eighth  of  an  inch  thick,  and  each  pane  thereof  measuring  not  less  than 


45 

three  hundred  square  inches,  and  the  whole  of  which  skylight  shall  be  so 
constructed  as  to  open  instantly  on  the  cutting  or  burning  of  a  hempen 
cord,  which  shall  be  arranged  to  hold  said  skylights  closed,  or  some  other 
simple  approved  device  for  opening  them  may  be  provided.  Immediately 
under  the  glass  of  said  skylights  there  shall  be  a  wire  netting,  unless  the 
glass  contains  a  wire  netting  within  itself.  All  that  portion  of  the  stage  not 
comprised  in  the  working  of  scenery,  traps  and  other  mechanical  apparatus, 
for  the  presentation  of  a  scene,  usually  equal  to  the  width  of  the  proscenium 
opening  shall  be  built  of  iron  or  steel  beams  filled  in  between  with  fire- 
proof material,  and  all  girders  for  the  support  of  said  beams  shall  be  of 
wrought-iron  or  rolled  steel.  The  ceiling  or  under  side  of  the  fly  galleries 
shall  be  covered  with  iron  or  tin  over  the  entire  exposed  wood  work.  All 
stage  scenery,  curtains  and  decorations  made  of  combustible  material,  and 
all  wood  work  on  or  about  the  stage,  shall  be  painted  or  saturated  with 
some  non-combustible  material,  to  render  the  same  safe  against  fire,  to  the 
satisfaction  of  the  superintendent  of  buildings.  Nothing  herein  contained 
shall  prohibit  the  use  of  wood  construction  for  floors  not  specifically 
mentioned,  roofs  and  galleries,  except  that  the  supports  of  galleries  shall 
be  of  iron  or  steel,  provided  that  all  such  wood  work  on  or  about  or  under 
the  stage,  in  the  auditorium,  all  wood  furring,  the  under  side  of  roof 
boards,  the  under  side  of  floor  boards  covering  wood  construction,  fronts 
of  galleries  and  boxes,  shall  all  be  painted  or  saturated  with  not  less  than 
two  coats  of  some  non-combustible  material,  to  render  the  wood  safe 
against  fire,  to  the  satisfaction  of  the  superintendent  of  buildings.  All 
timber  and  other  wood  construction  shall  be  so  painted  or  saturated  before 
being  covered  in.  The  finishing  coats  of  paint  applied  to  all  wood  work 
throughout  the  entire  building  shall  be  of  such  kind  as  will  resist  fire. 
The  entire  main  floor  of  the  auditorium  and  vestibule,  also  the  entire  floor 
of  the  second  story  of  the  front  superstructure  over  the  entrance  lobby  and 
corridors,  shall  be  constructed  of  iron  or  steel  and  fire-proof  materials  not 
including  the  use  of  wooden  floor  boards  and  necessary  sleepers  to  fasten 
the  same  to,  but  such  sleepers  shall  not  mean  timbers  of  support  and  the 
space  between  the  sleepers  shall  be  solidly  filled  with  fire-proof  materials. 
The  partitions  in  that  portion  of  the  building  which  contains  the  auditorium, 
the  entrance  vestibule,  or  any  room  or  passage  devoted  to  the  use  of  the 
audience,  shall  be  constructed  of  fireproof  materials.  None  of  the  walls 
or  ceilings  shall  be  covered  with  wood  sheathing  or  canvas  or  any  com- 
bustible material,  but  this  shall  not  exclude  the  use  of  wood  wainscoting  to 
a  height  not  to  exceed  six  feet,  which  shall  be  filled  in  solid  between  the 
wainscoting  and  the  wall  with  fire-proof  materials.  All  lathing,  whenever 
used,  shall  be  of  wire  or  sheet  metal.  The  walls  separating  the  actors' 
dressing-rooms  from  the  stage,  and  the  partitions  dividing  the  dressing- 
rooms,  together  with  the  partitions  of  every  passage  from  the  same  to  the 
stage,  and  all  other  partitions  on  or  about  the  stage,  shall  be  constructed  of 
some  fire-proof  material  approved  by  the  superintendent  of  buildings.  All 
doors  in  any  of  said  partitions  shall  be  of  iron  or  of  wood  covered  with  tin. 
All  the  shelving  and  cupboards  in  each  and  every  dressing-room,  property- 
room  or  other  storage-rooms,  shall  be  constructed  of  metal,  slate  or  some 
fire-proof  material.  Dressing-rooms  may  be  placed  in  the  fly-galleries, 
provided  that  proper  exits  are  secured  therefrom  to  the  fire-escapes  in  the 


46 

open  courts,  and  that  the  partitions  and  other  matters  pertaining  to 
•dressing-rooms  shall  conform  to  the  requirements  herein  contained,  but  the 
stairs  leading  to  the  same  shall  be  fire-proof.  All  seats  in  the  auditorium, 
•excepting  those  contained  in  boxes,  shall  be  firmly  secured  to  the  floor,  and 
no  seat  in  the  auditorium  shall  have  more  than  six  seats  intervening  between 
it  and  an  aisle,  on  either  side,  and  no  stool  or  seat  shall  be  placed  in  any 
aisle.  All  platforms  in  galleries  formed  to  receive  the  seats  shall  not  be 
more  than  twenty-one  inches  in  height  of  riser,  nor  less  than  thirty  inches  in 
width  of  platform.  All  aisles  on  the  respective  floors  in  the  auditorium, 
having  seats  on  both  sides  of  same,  shall  be  not  less  than  three  feet  wide 
where  they  begin,  and  shall  be  increased  in  width  towards  the  exits  in  the 
ratio  of  one  and  one-half  inches  to  five  running  feet.  Aisles  having  seats 
on  one  side  only  shall  be  not  less  than  two  feet  wide  at  their  beginning,  and 
increased  in  width  the  same  as  aisles  having  seats  on  both  sides.  The 
aggregate  capacity  of  the  foyers,  lobbies,  corridors,  passages  and  rooms  for 
the  use  of  the  audience,  not  including  aisle  space  between  seats,  shall,  on 
«ach  floor  or  gallery,  be  sufficient  to  contain  the  entire  number  to  be  accom- 
modated on  said  floor  or  gallery,  in  the  ratio  of  one  hundred  and  fifty 
superficial  feet  or  floor  room  for  every  one  hundred  persons.  Gradients  or 
inclined  planes  shall  be  employed  instead  of  steps,  where  possible,  to  over- 
come slight  differences  of  level  in  or  between  aisles,  corridors  and  passages. 
Every  theatre  accommodating  three  hundred  persons,  shall  have,  at  least, 
two  exits;  when  accommodating  five  hundred  persons,  at  least  three  exits 
•shall  be  provided,  these  exits  not  referring  to  or  including  the  exits  to  the 
open  court  or  courts  at  the  sides  of  the  theatre.  Doorways  of  exit  or 
entrance  for  the  use  of  the  public  shall  not  be  less  than  five  feet  in  width, 
and  for  every  additional  one  hundred  persons  or  portions  thereof  to  be 
accommodated  in  excess  of  five  hundred,  an  aggregate  of  twenty  inches 
additional  exit  width  must  be  allowed.  All  doors  of  exit  or  entrance 
shall  open  outwardly  and  be  hung  to  swing  in  such  a  manner  as  not 
to  become  an  obstruction  in  a  passage  or  corridor,  and  no  such  doors 
shall  be  closed  and  locked  during  any  representation,  or  when  the  build- 
ing is  open  to  the  public.  Distinct  and  separate  places  of  exit  and 
entrance  shall  be  provided  for  each  gallery  above  the  first.  A  common 
place  of  exit  and  entrance  may  serve  for  the  main  floor  of  the  auditorium 
and  the  first  gallery.  No  passage  leading  to  any  stairway  communi- 
cating with  any  entrance  or  exit  shall  be  less  than  four  feet  in  width 
in  any  part  thereof.  All  stairs  within  the  building  shall  be  constructed 
of  fire-proof  material  throughout.  Staircases  serving  for  the  exit  of  fifty 
people  must  be  at  least  four  feet  wide,  between  railings  or  between  walls, 
and  for  every  additional  fifty  people  to  be  accommodated,  six  inches  must 
be  added  to  their  width.  In  no  case  shall  the  risers  of  any  stairs  exceed 
seven  and  one-half  inches  in  height,  nor  shall  the  treads,  exclusive  of 
nosings,  be  less  than  ten  and  one-half  inches  wide  in  straight  stairs.  No 
circular  or  winding  stairs  for  the  use  of  the  public  shall  be  permitted. 
Where  the  seating  capacity  is  for  more  than  one  thousand  people,  there 
shall  be  at  least  two  independent  staircases,  with  direct  exterior  outlets, 
provided  for  each  gallery  in  the  auditorium,  where  there  are  not  more  than 
two  galleries,  and  the  same  shall  be  located  on  opposite  sides  of  said  gal- 
leries. Where  there  are  more  than  two  galleries,  one  or  more  additional 


47 

staircases  shall  be  provided,  the  outlets  from  which  shall  communicate 
directly  with  the  principal  exit  or  other  exterior  outlets.  All  staircases 
shall  be  of  width  proportioned  to  the  seating  capacity  as  elsewhere  herein 
prescribed.  Where  the  seating  capacity  is  for  one  thousand  people,  or  less, 
two  direct  lines  of  staircases  only  shall  be  required,  located  on  opposite 
sides  of  the  galleries,  and  in  both  cases  shall  extend  from  the  sidewalk  level 
to  the  upper  gallery,  with  outlets  from  each  gallery  to  each  of  said  staircases. 
At  least  two  independent  staircases,  with  direct  exterior  outlets,  shall  also 
be  provided  for  the  service  of  the  stage  and  shall  be  located  on  the  opposite 
sides  of  the  same.  All  inside  stairways  leading  to  the  upper  galleries  of 
the  auditorium  shall  be  inclosed  on  both  sides  with  the  walls  of  fire-proof 
materials.  Stairs  leading  to  the  first  or  lower  gallery  may  be  left  open  on 
one  side,  in  which  case  they  must  be  constructed  as  herein  provided  for 
similar  stairs  leading  from  the  entrance  hall  to  the  main  floor  of  the  audi- 
torium. But  in  no  case  shall  stairs  leading  to  any  gallery  be  left  open  on 
both  sides.  When  stairs  return  directly  on  themselves,  a  landing  of  the 
full  width  of  both  flights,  without  any  steps,  shall  be  provided,  and  the 
outer  line  of  landings  shall  be  curved,  so  as  to  avoid  square  angles.  Stairs 
turning  at  an  angle  shall  have  a  proper  landing  without  winders  introduced 
at  said  turn.  In  stairs,  when  two  side  flights  connected  with  one  main  flight, 
no  winders  shall  be  introduced,  and  the  width  of  the  main  flights  shall  be 
at  least  equal  to  the  aggregate  width  of  the  side  flights.  All  inclosed  stair- 
cases shall  have  on  both  sides,  strong  handrails  firmly  secured  to  the  wall 
about  three  inches  distant  therefrom  and  about  three  feet  above  the  stairs, 
but  said  handrails  shall  not  run  on  level  platforms  and  landings  where  the 
same  is  more  in  length  than  the  width  of  the  stairs.  All  staircases  seven 
feet  and  over  in  width  shall  be  provided  with  a  center  handrail  of  hard 
wood,  or  metal,  not  less  than  two  inches  in  diameter,  placed  at  a  height  of 
about  three  feet  above  the  center  of  the  treads  and  supported  .on  wrought- 
iron  or  brass  standards  of  sufficient  strength,  placed  not  nearer  than  four 
feet  nor  more  than  six  feet  apart,  and  securely  bolted  to  the  treads  or  risers 
of  stairs  or  both.  Every  steam  boiler  which  may  be  required  for  heating 
or  other  purposes  shall  be  located  outside  of  the  building,  and  the  space 
allotted  to  the  same  shall  be  inclosed  by  walls  of  masonry  on  all  sides,  and 
the  ceiling  of  such  space  shall  be  constructed  of  fire-proof  materials.  All 
doorways  in  said  walls  shall  have  iron  doors.  No  coil  or  radiator  shall  be 
placed  in  any  aisle  or  passageway  used  as  an  exit  but  all  said  coils  and 
radiators  shall  be  placed  in  recesses  formed  in  the  wall  or  partition  to 
receive  the  same.  All  supply,  return  or  exhaust  pipes  shall  be  properly 
incased  and  protected  where  passing  through  floors  or  near  wood  work. 
Stand  pipes  of  two  and  one-half  inches  diameter  shall  be  provided  with 
hose  attachments  on  every  floor  and  gallery,  as  follows,  namely:  One  on 
each  side  of  the  auditorium  in  each  tier;  also  one  on  each  side  of  the  stage 
in  each  tier,  and  at  least  one  in  the  property-room  and  one  in  the  carpenter's 
shop,  if  the  same  be  contiguous  to  the  building.  All  such  stand  pipes 
shall  be  kept  clear  from  obstruction.  Such  stand  pipes  shall  be  separate 
and  distinct,  receiving  their  supply  of  water  direct  from  the  steam  pumps 
and  shall  be  fitted  with  the  regulation  couplings  of  the  fire  department  and 
shall  be  kept  constantly  filled  with  water  by  means  of  an  automatic  steam 
pump  or  pumps,  of  sufficient  capacity  to  supply  all  the  lines  of  hose  when 


48 

operated  simultaneously;  and  said  pump  or  pumps  shall  be  supplied  with 
water  from  the  street  main  and  be  ready  for  immediate  use  at  all  times 
during  a  performance  in  said  building.  A  separate  and  distinct  system  of 
automatic  sprinklers,  with  fusible  plugs  approved  by  the  superintendent  of 
buildings,  supplied  with  water  from  a  tank  located  on  the  roof  over  the 
stage  and  not  connected  in  any  manner  with  the  stand  pipes,  shall  be 
placed  on  the  ceiling  or  roof  over  the  stage  at  such  intervals  as  will  protect 
every  square  foot  of  stage  surface  when  said  sprinklers  are  in  operation. 
Automatic  sprinklers  shall  also  be  placed  in  the  dressing-rooms  under  the 
stage,  in  the  carpenter  shop,  paint-rooms,  store-rooms,  and  property-rooms. 
A  proper  and  sufficient  quantity  of  two  and  one-half  inch  hose,  not  less  than 
fifty  feet  in  length,  fitted  with  the  regulation  couplings  of  the  fire  department 
and  with  nozzles  attached  thereto,  and  with  hose  spanners  at  each  outlet, 
shall  be  kept  always  attached  to  each  hose  attachment.  There  shall  also  be 
kept  in  readiness  for  immediate  use  on  the  stage,  at  least  four  casks  full  of 
water,  and  two  buckets  to  each  cask.  Said  casks  and  buckets  shall  be 
painted  red.  There  shall  also  be  provided  hand  pumps,  or  other  portable 
fire  extinguishing  apparatus,  and  at  least  four  axes,  and  two  twenty-five  feet 
hooks,  two  fifteen  feet  hooks  and  two  ten  feet  hooks  on  each  tier  or  floor  of 
the  stage.  Every  portion  of  the  building  devoted  to  the  uses  or  accomoda- 
tion  of  the  public,  also  all  outlets  leading  to  the  streets,  and  including  the 
open  courts  and  corridors,  shall  be  well  and  properly  lighted  during  every 
performance,  and  the  same  shall  remain  lighted  until  the  entire  audience 
has  left  the  premises.  At  least  two  or  more  oil  lamps  on  each  side  of  the 
auditorium,  in  each  tier,  shall  be  provided  on  fixed  brackets,  not  less  than 
seven  feet  above  the  floor.  Said  lamps  shall  be  filled  with  whale  or  lard  oil, 
and  shall  be  kept  lighted  during  each  performance,  or  in  place  of  said 
lamps  candles  shall  be  provided.  All  gas  or  electric  lights  in  the  halls, 
corridors,  lobby,  or  any  other  part  of  said  buildings  used  by  the  audience, 
except  the  auditorium,  must  be  controlled  by  a  separate  shut-off,  located  in 
the  lobby,  and  controlled  only  in  that  particular  place.  Gas  mains  supply- 
ing the  building  shall  have  independent  connections  for  the  auditorium  and 
stage,  and  provision  shall  be  made  for  shutting  off  the  gas  from  the  outside 
of  the  building.  When  interior  gas  lights  are  not  lighted  by  electricity, 
other  suitable  appliances,  to  be  approved  by  the  superintendent  of  build- 
ings, shall  be  provided.  All  suspended  or  bracket  lights,  surrounded  by 
glass,  in  the  auditorium,  or  in  any  part  of  the  building  devoted  to  the  public, 
shall  be  provided  with  proper  wire  netting  underneath.  No  gas  or  electric 
light  shall  be  inserted  in  the  walls,  wood-work,  ceilings,  or  in  any  part  of 
the  buildings  unless  protected  by  fire-proof  materials.  All  lights  in 
passages  and  corridors  in  said  buildings,  and  wherever  deemed  necessary 
by  the  superintendent  of  buildings  shall  be  protected  with  proper  wire  net- 
work. The  foot-lights,  in  addition  to  the  wire  net-work,  shall  be  protected 
by  a  strong  wire  guard  or  chain  placed  not  less  than  two  feet  distant  from 
said  foot-lights,  and  the  trough  containing  said  foot-lights  shall  be  formed 
of  and  surrounded  by  fire-proof  materials.  All  border  lights  shall  be 
constructed  according  to  the  best  known  methods,  subject  to  approval  of 
the  superintendent  of  buildings,  and  shall  be  suspended  for  ten  feet  by 
wire.  All  ducts  or  shafts  used  for  conducting  heated  air  from  the  main 
chandelier,  or  from  any  other  light  or  lights,  shall  be  constructed  of  metal 


49 

and  made  double,  with  an  air  space  between.  All  stage  lights  shall  have 
strong  metal  wire  guards  or  screens,  not  less  than  ten  inches  in  diameter, 
so  constructed  that  any  material  in  contact  therewith  shall  be  out  of  reach 
of  the  flames  of  said  stage  lights,  and  shall  be  soldered  to  the  fixture  in  all 
cases.  The  stand-pipes,  gas-pipes,  electric  wires,  hose  and  all  apparatus 
for  the  extinguishing  of  fire  or  guarding  against  the  same,  as  in  this  section 
specified  shall  be  in  charge  and  under  control  of  the  fire  department,  and 
the  commissioners  of  said  department  are  hereby  directed  to  see  that  the 
arrangements  in  respect  thereto  are  carried  out  and  enforced.  A  diagram 
or  plan  of  each  tier,  gallery  or  floor,  showing  distinctly  the  exits  therefrom, 
shall  be  printed  in  a  legible  manner  on  the  programme  of  the  performance. 
Every  exit  shall  have  over  the  same  on  the  inside  the  word  EXIT  painted 
in  legible  letters  not  less  than  eight  inches  high. 


TITLE  III. 

RELATING  TO  CITIES  HAVING  A  POPULATION  LESS  THAN 
THIRTY  THOUSAND  INHABITANTS. 

§  46.  The  fire  department  in  each  of  the  cities  named  in  section  one  of 
this  act,  to  which  title  three  is  to  apply,  is  hereby  charged  with  the  enforce- 
ment of  the  provisions  of  this  act,  as  hereby  provided  for  the  survey  and 
inspection  of  buildings,  through  a  "bureau  of  buildings,"  which  shall  be 
created  in  said  department  within  thirty  days  after  this  act  shall  take  effect. 

§  47.  The  chief  officer  of  the  bureau  of  buildings  hereby  created  shall 
be  called  the  superintendent  of  buildings,  and  he  and  the  inspectors,  clerks 
and  employees  shall  be  appointed  by  the  commissioners  of  the  fire  department 
in  such  numbers  and  for  such  terms  and  at  such  compensation  as  they,  the 
said  commissioners,  may  determine  and  fix,  and  shall  be  subject  to  removal 
after  written  charges  shall  have  been  preferred  against  them  and  they  shall 
have  had  an  opportunity  to  be  heard  thereon.  The  said  bureau  shall  be 
furnished,  at  the  expense  of  the  city,  with  office  room,  and  supplied  with 
furniture,  books,  blanks,  stationery  and  other  supplies  as  may  be  necessary 
for  the  proper  transaction  of  its  business. 

§  48.  Sections  Nine,  Ten,  Eleven,  Twelve,  Thirteen,  Fourteen,  Fif- 
teen, Sixteen,  Seventeen,  Eighteen,  Nineteen,  Twenty,  Twenty-one,  Twenty- 
two,  Twenty-three,  Twenty-four,  Twenty-five,  Twenty-six,  Twenty-seven, 
Twenty-eight,  Twenty-nine,  Thirty,  Thirty-one,  Thirty-two,  Thirty-three, 
Thirty-four,  Thirty-five,  Thirty-six,  Thirty-seven,  Thirty-eight,  Thirty-nine 
and  Forty  of  Title  One  of  this  Act  shall  also  be  deemed  to  be  parts  of,  and 
shall  apply  to  the  construction,  regulation,  survey  and  inspection  of  build- 
ings within  the  cities  affected  by  this  Title. 

§  49.  Every  theatre  or  opera  house,  or  other  building  intended  to  be 
used  for  theatrical  or  operatic  purposes,  or  for  public  entertainments  of  any 
kind  where  stage  scenery  and  apparatus  are  employed,  hereafter  erected, 


50 

shall  be  built  to  comply  with  the  requirements  of  this  section.  No  building 
which,  at  the  time  of  the  passage  of  this  act,  is  not  in  actual  use  for 
theatrical  purposes,  or  places  of  amusement,  and  no  building  hereafter 
erected  not  in  conformity  with  the  requirements  of  this  section,  shall  be  used 
for  theatrical  or  amusement  purposes,  or  for  public  entertainments  of  any 
kind  where  the  stage  scenery  and  apparatus  are  employed,  until  the  same 
shall  have  been  made  to  conform  to  the  requirements  of  this  section.  And 
no  building  hereinbefore  described  shall  be  opened  to  the  public  for  the- 
atrical purposes,  or  for  public  entertainments  of  any  kind  where  stage 
scenery  or  apparatus  are  employed,  until  the  superintendent  of  buildings  shall 
have  approved  the  same,  in  writing,  as  conforming  to  the  requirements  of 
this  section,  and  the  Mayor  of  the  city  shall  refuse  to  issue  any  license  for 
any  such  building,  and  shall  close  the  same,  and  prevent  its  opening  until 
a  certificate  in  writing  of  such  approval  shall  have  been  given  by  the  super- 
intendent of  buildings.  Every  such  building  shall  have  suitable  means  of 
entrance  and  exit  for  the  audience.  In  addition  thereto  there  shall  be  re- 
served for  service  in  case  of  an  emergency,  an  open  court  or  space  on  the 
side  not  bordering  on  the  street,  where  said  building  is  located  on  a  corner 
lot;  and  on  both  sides  of  said  building,  where  there  is  but  one  frontage  on 
the  street.  The  width  of  each  open  court  or  courts  shall  not  be  less  than 
seven  feet,  and  shall  begin  on  a  line  with  or  near  the  proscenium  wall,  and 
shall  extend  the  length  of  the  auditorium  proper.  A  separate  and  distinct 
corridor  shall  continue  to  the  street  from  each  open  court  through  such 
superstructure  as  may  be  built  on  the  street  side  of  the  auditorium,  not  less 
than  five  feet  in  width  in  the  narrowest  part.  Nothing  herein  contained, 
however,  shall  prohibit  the  use  of  alleyways,  or  adjoining  premises,  where 
passage  may  be  obtained  to  the  nearest  street.  Said  open  courts  or  corri- 
dors shall  not  be  used  for  storage  purposes,  or  for  any  purpose  whatsoever 
except  for  exit  and  entrance  from  and  to  the  auditorium  and  stage,  and 
must  be  kept  free  and  clear  during  performances.  Such  gates  or  doors  as 
will  be  provided  at  street  end  of  said  entrances  shall  be  kept  open  during  a 
performance.  The  entrance  of  the  main  front  of  the  building  shall  not  be 
on  a  higher  level  from  the  sidewalk  than  eight  steps,  unless  approved  by 
the  superintendent  of  buildings.  To  overcome  any  difference  of  level  exist- 
ing between  exits  from  the  parquet  into  the  courts  and  the  level  of  the  said 
corridors,  gradients  shall  be  employed  of  not  over  one  foot  in  ten  feet  with 
no  perpendicular  risers.  From  the  auditorium  opening  into  the  said  open 
courts,  or  on  the  side  street,  there  shall  be  not  less  than  two  exits  on  each 
side  in  each  tier  from  and  including  the  parquet  and  each  and  every  gallery. 
Each  exit  shall  be  at  least  five  feet  in  width  in  the  clear  and  provided  with 
doors  of  iron  or  wooden  doors,  covered  with  tin  on  both  sides  and  edges. 
All  of  said  doors  shall  open  outwardly,  and  must  be  fastened  with  movable 
bolts,  the  bolts  to  be  kept  drawn  during  the  performance.  There  shall  be 
balconies  not  less  than  four  feet  in  width  in  the  said  open  courts  at  each 
level  or  tier  above  the  parquet  on  each  side  of  the  auditorium,  of  sufficient 
length  to  embrace  the  two  exits,  and  from  said  balconies  there  shall  be 
staircases  extending  to  the  ground  level,  with  a  rise  of  not  over  eight  and 
one-half  inches  to  a  step,  and  not  less  than  nine  inches  tread  exclusive  of 
the  nosing.  The  staircase  from  the  upper  balcony  to  the  next  below  shall 
not  be  less  than  thirty  inches  in  width  in  the  clear,  and  from  the  first  balcony 


51 

to  the  ground  three  feet  in  width  to  the  clear.  All  before  mentioned  bal- 
conies and  staircases  shall  be  constructed  of  iron  stringers  and  railings  and 
hard  wood  treads  and  platforms  of  ample  strength  to  sustain  the  load  to  be 
carried.  Where  one  side  of  the  building  borders  on  a  street  there  shall  be 
balconies  and  staircases  of  like  capacity  and  kind  as  before  mentioned,  but 
said  staircases  shall  end  at  a  balcony  placed  not  less  than  seven  feet  above  the 
level  of  the  ground,  and  from  said  balcony  to  the  ground  there  shall  be  arranged 
a  hinged  iron  ladder.  When  located  in  the  rear  of  a  building  bordering  on 
a  street  or  side  street,  there  shall  be  a  brick  wall  separating  said  building  or 
buildings  from  the  theater  proper,  and  said  wall  shall  be  carried  up  solidly 
to  the  roof.  The  doors  from  the  theater  proper  to  the  exit  and  entrance 
corridors  to  the  street  shall  be  of  iron  or  wood  covered  with  tin.  No  work- 
shop, storage  or  general  property  room  shall  be  allowed  above  the  auditorium 
or  stage.  No  store  or  room  contained  in  the  theater  proper  shall  be  let  or 
used  for  carrying  on  any  business  dealing  in  articles  designated  as  especially 
hazardous  in  the  classification  of  the  Underwriters'  Association  of  New  York 
State,  or  for  manufacturing  purposes.  A  fire-wall,  built  of  brick,  shall  separ- 
ate the  auditorium  from  the  stage,  and  the  same  shall  extend  at  least  four 
feet  above  the  stage  roof  and  shall  be  coped.  Above  the  proscenium  open- 
ing, there  shall  be  an  iron  girder  of  sufficient  strength  to  support  the  brick 
wall  above,  and  covered  with  fire-proof  materials  to  protect  it  from  the  heat. 
The  molded  frame  around  the  proscenium  opening  shall  be  formed  in  fire- 
proof materials;  if  metal  be  used,  the  metal  shall  be  filled  in  solid  with  non- 
combustible  material  and  securely  anchored  to  the  wall  with  iron.  The  pro- 
scenium opening  shall  be  provided  with  a  fire-proof  curtain  of  asbestos,  or 
other  fire-proof  material  approved  by  the  superintendent  of  buildings.  Said 
fire-proof  curtain  shall  be  raised  at  the  commencement  of  each  performance 
and  lowered  at  the  close  of  said  performance,  and  be  operated  by  approved 
machinery  for  that  purpose.  The  proscenium  curtain  shall  be  placed  at 
least  three  feet  distant  from  the  foot-lights  at  the  nearest  point.  All  door- 
ways or  openings  through  the  proscenium  wall,  from  the  auditorium,  in  every 
tier,  shall  have  iron  or  tin-covered  wooden  doors  on  each  face  of  the  wall; 
direct  access  to  these  doors  shall  be  provided  on  both  sides,  and  the  same 
shall  always  be  kept  free  from  any  incumbrance.  There  shall  be  provided 
over  the  stage,  skylights  of  an  area  or  combined  area  of  at  least  one-twelfth 
the  area  of  said  stage  fitted  with  sliding  sash,  and  glazed  with  double-thick 
sheet  glass,  not  exceeding  one-eighth  of  an  inch  thick,  and  the  whole  of 
which  skylight  shall  be  so  constructed  as  to  open  instantly  on  the  cutting 
or  burning  of  a  hempen  cord,  which  shall  be  arranged  to  hold  said  skylight 
closed,  or  some  other  equally  simple  approved  device  for  opening  them  may 
be  provided.  Immediately  under  the  glass  of  said  skylights  there  shall  be 
a  wire  netting,  unless  the  glass  contains  a  wire  netting  within  itself.  The 
walls  separating  the  actors'  dressing-rooms,  workshop,  storage  or  general 
property-rooms  from  the  stage,  shall  be  of  brick,  and  the  openings  leading 
into  said  portions  shall  have  iron  or  tin-covered  wooden  doors.  There  shall 
be  a  direct  exit  from  the  dressing-room  portion  to  the  open-courts,  and 
should  dressing-rooms  be  placed  in  the  fly-galleries,  or  elsewhere,  there 
shall  be  proper  exits  provided  therefrom  to  the  fire-escapes  in  the  open 
courts.  All  seats  in  the  auditorium,  excepting  those  contained  in  boxes, 
shall  be  firmly  secured  to  the  floor,  and  no  seat  in  the  auditorium  shall  have 


52 

more  than  seven  seats  intervening  between  it  and  an  aisle  on  either  side, 
and  no  stool  or  seat  shall  be  placed  in  any  aisle.  All  platforms  in  galleries 
formed  to  receive  seats  shall  not  be  more  than  twenty-one  inches  in  height 
of  riser,  nor  less  than  thirty  inches  in  width  of  platform.  All  aisles  on  the 
respective  floors  in  the  auditorium,  having  seats  on  both  sides  of  same,  shall 
be  not  less  than  three  feet  wide  where  they  begin,  and  shall  be  increased  in 
width  towards  the  exits  in  the  ratio  of  one  and  one-half  inches  to  five  run- 
ning feet.  Aisles  having  seats  on  one  side  only  shall  be  not  less  than  two  feet 
wide  at  their  beginning  and  increased  in  width  the  same  as  aisles  having 
seats  on  both  sides.  Gradients  or  inclined  planes  shall  be  employed  instead 
of  steps,  where  possible,  to  overcome  slight  difference  of  level  in  or  between 
aisles,  corridors  and  passages.  Every  theater  accommodating  three  hundred 
persons  shall  have  at  least  two  exits;  when  accommodating  five  hundred 
persons,  at  least  three  exits  shall  be  provided;  these  exits  not  referring  to 
or  including  the  exits  to  the  open  court  or  courts  at  the  side  of  the  theater. 
Doorways  of  exit  or  entrance  for  the  use  of  the  public  shall  not  be  less  than 
five  feet  in  width,  and  for  every  additional  one  hundred  persons  or  portion 
thereof  to  be  accommodated  in  excess  of  five  hundred  an  aggregate  of  twenty 
inches  additional  exit  width  must  be  allowed.  All  doors  of  exit  or  entrance 
shall  open  outwardly  and  be  hung  to  swing  in  such  manner  as  not  to  become 
an  obstruction  in  a  passage  or  corridor,  and  no  such  doors  shall  be  closed 
and  locked  during  any  representation  or  when  the  building  is  open  to  the 
public.  A  common  place  of  exit  and  extrance  may  serve  for  the  main  floor 
of  the  auditorium  and  the  first  gallery.  There  shall  be  at  least  two  indepen- 
dent staircases  leading  to  the  upper  gallery  located  on  opposite  sides  with 
^outlets  from  each  gallery  to  each  of  said  staircases.  Stairways  serving  for 
the  exit  of  fifty  people  must  be  at  least  four  feet  wide,  and  for  every  addi- 
tional fifty  people  to  be  accommodated  six  inches  must  be  added  to  every 
width.  In  no  case  shall  the  risers  in  stairs  exceed  seven  and  one-half  inches 
in  height,  nor  shall  the  treads  exclusive  of  nosing  be  less  than  ten  and  one- 
half  inches  wide  in  straight  stairs.  No  circular  or  winding  stairs  for  the  use 
of  the  public  shall  be  permitted.  All  such  staircases  shall  connect  directly 
with  the  common  place  of  exit  and  entrance  or  other  exterior  outlets.  When 
stairs  return  directly  on  themselves,  a  landing  of  the  full  width  of  both 
flights,  without  any  steps,  shall  be  provided.  Stairs  turning  at  an  angle 
shall  have  a  proper  landing  without  winders  introduced  at  said  turn  In 
stairs,  when  two  side  flights  connect  with  one  main  flight,  no  winders  shall 
be  introduced.  All  staircases  shall  have  on  both  sides  strong  hand-railings, 
and  where  inclosed  shall  have  on  both  sides  strong  hand-rails  firmly  secured 
to  the  wall,  about  three  inches  distant  therefrom  and  about  three  feet  above 
the  stairs.  Nothing  herein  contained  shall  prohibit  the  use  of  wood  construc- 
tion for  floors,  roofs,  galleries,  except  that  the  supports  of  galleries  shall  be 
of  iron  or  steel,  stairways  and  partitions  not  specifically  mentioned,  provided 
that  all  such  wood-work,  including  the  wood-work  on  or  about  or  under  the 
stage,  all  wood,  furring  studding,  back  of  lathing,  underside  of  stage,  all 
wood,  furring  studding,  back  of  lathing,  underside  of  floor  and  roof-boards, 
timbers,  stair  stringers,  back  of  treads  and  risers,  and  wainscoting  fronts  of 
galleries  and  boxes  shall  be  painted  or  saturated  with  not  less  than  two 
coats  of  some  non-combustible  material,  to  render  the  wood  safe  against  fire, 
to  the  satisfaction  of  the  superintendent  of  buildings.  All  timber  and  other 


53 

wood  construction  shall  be  so  painted  or  saturated  before  being  covered  in. 
The  finishing  coats  of  paint  applied  to  all  wood-work  throughout  the  entire 
building  shall  be  of  such  kind  as  will  resist  fire.  Every  portion  of  the  build- 
ing devoted  to  the  uses  or  accommodation  of  the  public,  also  all  outlets 
leading  to  the  street,  shall  be  well  and  properly  lighted  during  every  per- 
formance, and  the  same  shall  remain  lighted  until  the  entire  audience  has 
left  the  premises.  Gas  and  electrical  mains  supplying  any  theater  shall  have 
independent  connections  for  the  auditorium  and  the  stage,  and  provision 
shall  be  made  for  shutting  off  said  mains  from  the  outside.  All  ducts  or 
shafts  used  for  conducting  heated  air  from  over  the  main  chandelier,  and 
from  any  other  light  or  lights,  shall  be  constructed  of  metal  and  made  double, 
with  an  air  space  between.  Where  interior  gas  lights  are  not  lighted  by  elec- 
tricity, suitable  appliances,  approved  by  the  superintendent  of  buildings, 
shall  be  provided.  All  stage  lights  shall  have  strong  metal  wire  guards  or 
screens,  not  less  than  ten  inches  in  diameter,  so  constructed  that  any  mate- 
rial in  contact  therewith  shall  be  out  of  reach  of  the  flames  of  said  stage  lights, 
and  shall  be  soldered  to  the  fixtures  in  all  cases.  All  border  lights  shall  be 
•constructed  according  to  the  best  known  methods,  subject  to  the  approval 
of  the  superintendent  of  buildings,  and  shall  be  suspended  for  ten  feet  by 
wire  rope.  The  foot-lights  shall  be  protected  by  wire  net-work,  and  in  addi- 
tion thereto  there  shall  be  a  strong  wire-guard  or  chain,  placed  not  less  than 
two  feet  distant  from  said  foot-lights,  and  the  trough  containing  said  foot- 
lights shall  be  lined  with  tin.  Every  steam-boiler  which  may  be  required 
for  heating  or  other  purposes  shall  be  located  outside  of  the  theater  proper, 
and  the  space  allotted  to  the  same  shall  be  inclosed  by  walls  of  masonry  on 
all  sides,  and  the  ceiling  of  said  space  shall  be  constructed  of  fire-proof 
materials.  All  doorways  in  said  walls  shall  have  iron  doors.  No  coil  or 
radiator  shall  be  placed  in  any  aisle  or  passageway  used  as  an  exit;  but  all 
said  coils  and  radiators  shall  be  placed  in  recesses  formed  in  the  wall  or 
partitions  to  receive  the  same,  and  the  recesses  thus  formed,  if  in  a  wood 
partition,  shall  be  lined  with  metal.  All  supply,  return  or  exhaust  pipes 
shall  be  properly  incased  and  protected  where  passing  through  floors  or  near 
wood-work.  Stand  pipes  shall  be  provided,  with  hose  attachments,  as  fol- 
lows: One  on  each  side  of  the  stage  in  each  tier  and  at  least  one  in  the 
property-room  and  one  in  the  carpenter's  shop,  if  the  same  be  contiguous  to 
the  theater  and  all  kept  clear  from  obstruction.  A  proper  and  sufficient 
•quantity  of  hose  not  less  than  fifty  feet  in  length  shall  be  kept  always  attached 
to  each  hose  attachment.  Said  stand  pipes  shall  receive  their  supply  of  water 
direct  from  the  street  main,  providing  that  the  pressure  is  sufficient  to  reach 
the  roof  over  the  stage  from  the  nearest  hose  attachment.  If  the  pressure  of 
water  is  insufficient,  the  stand  pipes  shall  be  supplied  with  water  from  a 
tank  located  on  the  roof  over  the  stage,  the  said  tank  to  be  supplied  with 
water  by  means  of  a  steam-pump.  There  shall  also  be  kept  in  readiness  for 
immediate  use  on  the  stage,  buckets  of  water  or  portable  fire-extinguishing 
apparatus,  and  at  least  four  axes  on  each  tier  or  floor.  The  stand  pipes,  gas 
pipes,  electric  wires,  hose  and  all  apparatus  for  the  extinguishing  of  fire  or 
guarding  against  the  same,  as  in  this  section  specified,  shall  be  in  charge  and 
under  the  control  of  the  fire  department,  and  the  commissioners  of  said  de- 
partment are  hereby  directed  to  see  that  the  arrangements  in  respect  thereto 
are  carried  out  and  enforced.  A  diagram  or  plan  of  each  tier,  gallery  or 


54 

floor,  showing  distinctly  the  exits  therefrom,  shall  be  printed  in  a  legible 
manner  on  the  programme  of  the  performance.  Every  exit  shall  have  over 
the  same,  on  the  inside,  the  word  EXIT  painted  in  legible  letters  not  less  than 
eight  inches  high. 


GENERAL  PROVISIONS  AND  REQUIREMENTS. 

APPLICABLE   TO   ALL   CITIES   COMING  WITHIN   THE 
PROVISIONS   OF   THIS   ACT. 

§  50.  Before  the  erection,  construction  or  alteration  of  any  building  or 
part  of  any  building,  or  any  platform,  staging  or  flooring  to  be  used 
for  standing  or  seating  purposes  is  commenced,  the  owner,  or  his  agent 
or  architect,  shall  submit  to  the  superintendent  of  buildings  a  full  and 
complete  copy  of  the  plans  of  such  proposed  work,  and  a  detailed 
statement,  in  duplicate,  of  the  specifications,  on  appropriate  blanks  to- 
be  furnished  to  applicants  by  the  superintendent  of  buildings,  giving 
also  the  location,  the  proposed  use  of  the  building  or  structure,  and 
the  estimated  cost  of  the  same,  which  shall  be  accompanied  with  a  state- 
ment in  writing,  sworn  to  before  a  notary  public  or  commissioner  of 
deeds,  giving  the  full  name  and  residence  (street  and  number)  of  the 
owner,  or  of  each  of  the  owners  of  said  building,  or  proposed  building, 
platform,  staging  or  flooring.  If  such  erection,  construction  or  alteration 
is  proposed  to  be  made  by  any  other  person  than  the  owner  or  owners 
of  the  land  in  fee,  the  person  or  persons  intending  to  make  such 
erection  or  alteration  shall  accompany  said  detailed  statement  of  the  specifi- 
cations, and  copy  of  the  plans,  with  a  statement  in  writing,  sworn  to  as 
aforesaid,  giving  the  full  name  and  residence  (street  and  number)  of  the 
owner  or  owners  of  the  land,  and  also  of  every  person  interested  in  said 
building  or  proposed  building,  platform,  staging  or  flooring,  either  as 
owner,  lessee,  or  in  any  representative  capacity.  Such  statement  may  be 
made  by  the  agent  or  architect  of  the  person  or  persons  hereinbefore 
required  to  make  the  same,  and  any  notice  served  upon  such  agent  or 
architect  by  the  superintendent  of  buildings  shall  be  binding  upon  the 
principals.  Said  sworn  statement,  and  detailed  statement  and  copy  of  the 
plans  shall  be  kept  on  file  in  the  office  of  the  superintendent  of  buildings, 
and  the  erection,  construction  or  alteration  of  said  building,  platform, 
staging  or  flooring,  or  any  part  thereof,  shall  not  be  commenced  or  pro- 
ceeded with,  until  said  statement  and  plans  shall  have  been  so  filed,  and 
approved  by  the  superintendent  of  buildings,  and  a  permit  issued  by  him 
therefor.  Any  permit  so  issued,  but  under  which  no  building  work  is 
commenced  within  one  year  from  the  time  of  issuance,  shall  expire  by 
limitation.  But  the  superintendent  may,  in  his  discretion,  and  for  reasons 
to  be  stated  in  writing,  by  the  applicant,  and  filed  with  the  plans  and 
detailed  statement,  dispense  with  the  making  of  said  sworn  statement  in  any 


55 

case.  Nothing  in  this  section  shall  be  construed  to  prevent  the  superin- 
tendent of  buildings  from  granting  his  approval  for  the  erection  of  any  part 
of  a  building  where  plans  and  detailed  statements  have  been  presented  for  the 
same  before  the  entire  plans  and  detailed  statements  of  said  building  have 
been  submitted.  Any  false  swearing  in  a  material  point  in  any  statement 
submitted  in  pursuance  of  the  provisions  of  this  section  shall  be  deemed 
perjury  and  shall  be  punished  as  such.  Ordinary  repairs  may  be  made 
without  notice  to  the  superintendent  of  buildings,  but  such  repairs  shall 
not  be  construed  to  include  the  cutting  away  of  any  stone  or  brick  wall,  or 
any  portion  thereof,  the  removal  or  cutting  of  any  beams  or  supports,  or  the 
removal,  change  or  closing  of  any  staircase. 

§  51.  The  superintendent  of  buildings  shall  have  power  (except  as 
herein  otherwise  provided)  to  pass  upon  any  question  relative  to  the  mode, 
manner  of  construction,  or  materials  to  be  used,  in  the  erection  or  altera- 
tion of  any  building,  or  other  structure  provided  for  in  this  act,  to  make  the 
same  conform  to  the  true  intent  and  meaning  of  the  several  provisions  of 
this  act.  He  shall  also  have  power  to  vary  or  modify  the  provisions  of  this 
act,  upon  application  to  him  therefor  in  writing,  by  an  owner  of  such 
building  or  structure,  or  his  representative,  where  there  are  practical  diffi- 
culties in  the  way  of  carrying  out  the  strict  letter  of  this  law,  so  that  the 
spirit  of  the  law  shall  be  observed,  the  public  safety  secured  and  sub- 
stantial justice  done;  but  no  such  deviation  shall  be  permitted  unless  a 
record  of  the  same  shall  be  kept  by  the  said  superintendent  of  buildings, 
and  a  certificate  be  first  issued  to  the  party  applying  for  the  same.  In  cases 
in  which  it  is  claimed  by  an  owner,  in  person  or  by  his  representative,  that 
the  provisions  of  this  act  do  not  directly  apply,  or  that  an  equally  good  and 
more  desirable  form  of  construction  can  be  employed  in  any  specific  case 
than  that  required  by  this  act,  but  a  permit  for  which  has  been  refused  by 
the  superintendent  of  buildings,  then  such  person  shall  have  the  right  to 
present  a  petition  to  the  superintendent  of  buildings,  together  with  a  deposit 
of  thirty  dollars,  requesting  the  appointment  of  an  examining  board,  and 
thereupon  the  superintendent  of  buildings  shall  appoint  a  disinterested  and 
competent  architect  or  builder,  the  applicant  shall  appoint  a  second,  and  the 
two  so  chosen  shall  select  a  third.  The  said  examiners  shall  each  take  the 
usual  oath  of  office  before  entering  upon  the  performance  of  their  duties. 
They  shall  meet  in  the  office  of  the  superintendent  of  buildings,  and  the 
applicant,  or  his  representative,  or  both,  may  appear  before  said  board  and 
be  heard.  The  said  board  shall  consider  such  petition  and,  as  soon  as 
practicable,  render  a  decision  thereon.  The  said  board  of  examiners  are 
hereby  authorized  and  empowered  to  grant  or  reject  such  petition,  and  the 
decision  of  a  majority  of  them,  reduced  to  writing,  and  addressed  to  the 
superintendent  of  buildings,  shall  be  final  and  conclusive.  If  such  decision 
is  favorable  to  said  petitioner,  a  certificate  shall  be  issued  by  the  super- 
intendent of  buildings  in  accordance  therewith.  Each  of  the  three 
examiners  shall  receive  for  his  services  ten  dollars  from  the  money  deposited 
with  the  superintendent  of  building  for  that  purpose. 

§  52.  The  owner  or  owners  of  any  building,  or  part  thereof,  upon 
which  any  violation  of  this  act  may  be  placed,  or  shall  exist,  and  any  archi- 
tect, builder,  carpenter  or  mason  who  may  be  employed  or  assist  in  the 
commission  of  any  such  violation,  and  any  and  all  persons  who  shall 


56 

violate  any  of  the  provisions  of  this  act,  or  fail  to  comply  therewith,  or  any 
requirement  thereof,  or  who  shall  violate,  or  fail  to  comply  with,  any  order 
or  regulation  made  thereunder,  or  who  shall  build  in  violation  of  any 
detailed  statement  of  specifications  or  plans,  submitted  and  approved 
thereunder,  or  of  any  certificate  of  permit  issued  thereunder,  shall  severally, 
for  each  and  every  such  violation,  or  non-compliance,  respectively  forfeit 
and  pay  a  penalty  in  the  sum  of  fifty  dollars,  except  that  any  such  person 
who  shall  violate  any  of  the  provisions  of  this  act  as  to  the  construction  of 
chimneys,  fire-places,  flues,  hot-air  pipes  and  furnaces,  or  with  reference  to 
the  framing  or  trimming  of  timbers,  girders,  beams  or  other  wood  work 
proximate  to  chimney  flues  or  fire-places,  shall  forfeit  and  pay  a  penalty  in 
the  sum  of  one  hundred  dollars.  But  if  any  said  violation  shall  be 
removed,  or  be  in  process  of  removal,  within  ten  days  after  the  service  of  a 
notice  as  hereinafter  prescribed,  the  liability  for  such  penalty  shall  cease, 
and  said  department  of  buildings  or  fire  department,  as  the  case  may  be, 
shall  discontinue  any  action  pending  to  recover  the  same,  upon  such 
removal,  or  the  completion  thereof  within  a  reasonable  time.  Any  and  all 
of  the  afore-mentioned  persons,  who  having  been  served  with  a  notice  as 
hereinafter  prescribed,  to  remove  any  violation,  or  comply  with  any  require- 
ment of  this  act,  or  with  any  order  or  regulation  made  thereunder,  shall  fail 
to  comply  with  said  notice  within  ten  days  after  such  service,  or  shall  con- 
tinue to  violate  any  requirement  of  this  act  in  the  respect  named  in  said 
notice,  shall  pay  a  penalty  of  one  hundred  dollars.  The  superintendent  of 
buildings  is  hereby  authorized,  in  his  discretion,  good  and  sufficient  cause 
being  shown  therefor  in  writing  and  filed  in  his  office,  to  remit  any  fine  or 
fines,  penalty  or  penalties,  and  costs  which  any  person  or  persons  may  have 
incurred,  under  any  of  the  provisions  of  this  act. 

§  53.  Superintendents  of  buildings  and  deputy  superintendents 'of 
buildings  shall  be  competent  architects  or  builders  of  at  least  ten  years' 
practice.  The  inspectors  shall  be  competent  men,  either  architects,  civil 
engineers,  masons,  carpenters  or  iron  workers,  who  have  served  at  least  ten 
years  as  such.  They  shall  be  men  of  good  character,  capable  of  writing  a 
fair  hand,  and  able  to  make  out  with  clearness  their  reports,  and  no  person 
shall  serve  as  or  be  appointed  to  office  as  an  inspector  of  buildings  who  is 
deficient  in  these  qualifications.  It  shall  not  be  lawful  for  any  officer  or 
employee  in  any  department  or  bureau  of  buildings  to  be  engaged  in  con- 
ducting or  carrying  on  business  as  an  architect,  civil  engineer,  carpenter, 
iron  worker,  mason  or  builder.  The  superintendent  of  buildings  shall  be 
authorized  to  designate  in  writing  the  deputy  superintendent  of  buildings, 
or  any  of  the  inspectors,  to  act  on  any  survey  authorized  by  this  act,  or 
perform  such  other  duties  as  the  said  superintendent  may  direct.  The 
deputy  superintendent  of  buildings  or  an  inspector  when  there  is  no  deputy, 
to  be  designated  by  the  superintendent,  shall  act  as  superintendent  of 
buildings  in  case  of  absence  of  the  superintendent  from  his  office,  and  shall 
while  so  acting,  possess  all  the  powers  in  this  act  vested  in  or  imposed 
upon  the  superintendent  of  buildings.  The  officers,  clerks  and  messengers 
of  the  said  department  or  bureau  of  buildings  shall  perform  such  duties  as 
they  and  each  of  them  may  be  directed  to  perform  by  the  superintendent  of 
buildings.  Any  inspector  of  buildings  for  any  neglect  of  duty,  or  omission 
to  properly  perform  his  duty,  or  violation  of  rules,  or  neglect  or  dis- 


57 

obedience  of  orders,  or  incapacity,  or  absence  without  leave,  may  be 
punished  by  the  superintendent  of  buildings  by  forfeiting  and  withholding 
pay  for  a  specified  time,  or  by  suspension  from  duty  with  or  without  pay; 
but  this  provision  shall  not  be  deemed  to  abridge  the  right  to  remove  or 
dismiss  any  such  inspector.  All  the  officers  appointed  under  this  act,  shall, 
so  far  as  may  be  necessary  for  the  performance  of  their  respective  duties, 
have  the  right  to  enter  any  building  or  premises  in  said  city. 

§  54.  All  suits  or  proceedings  instituted  for  the  enforcement  of  any  of 
the  provisions  of  this  act,  or  for  the  recovery  of  any  penalty  thereunder, 
shall  be  brought  in  the  name  of  the  department  of  buildings  or  the  fire 
department,  as  the  case  may  be,  of  said  city,  by  the  city  attorney,  to  whom 
all  notices  of  violation  shall  be  returned  for  prosecution,  and  it  shall  be  his 
duty  to  take  charge  of  the  prosecution  of  all  such  suits  or  proceedings, 
collect  and  receive  all  moneys  that  may  be  collected  upon  judgments,  suits 
or  proceedings  so  instituted,  or  which  may  be  paid  by  any  parties  who  have 
violated  any  of  the  provisions  of  this  act,  and  upon  settlement  of  judgment 
and  removal  of  violations  thereunder,  execute  satisfaction  therefor.  He 
shall,  quarterly,  render  to  the  city  treasurer  an  account  of  all  penalties  and 
all  other  money,  including  costs,  received  by  him,  together  with  his  bill  for 
all  necessary  disbursements  incurred  or  paid  in  said  suits,  and  shall  pay 
over  quarterly  the  amount  of  such  penalties  and  costs  so  collected  to  the 
city  treasurer  as  a  fund  for  the  use  and  benefit  of  the  said  department  or 
bureau  of  buildings,  as  the  case  may  be,  for  the  purposes  of  paying  any 
expense  incurred  by  said  department  or  bureau  under  Section  Sixty-one  of 
this  Act,  and  also  for  the  purpose  of  carrying  into  effect  any  order  or 
precept  issued  by  any  court  or  judge  or  justice  thereof  in  this  act  named,  to 
the  said  department  or  bureau  or  superintendent  of  buildings,  and  upon  the 
requisition  of  said  department,  bureau  or  superintendent  of  buildings,  said 
city  treasurer  shall  pay  such  sum  or  sums  as  may  be  allowed  and  taxed  by 
any  court  of  record,  or  a  judge  or  justice  thereof,  for  such  purposes,  as  far 
as  the  same  may  be  in  his  hands.  By  city  attorney,  as  in  this  act  used,  is 
intended  the  officer  or  person  who,  under  existing  laws,  is  authorized  to 
appear  for  and  represent  the  city,  or  its  municipal  departments,  as  attorney, 
in  legal  proceedings  in  behalf  of  or  against  such  city  or  municipal  depart- 
ments. By  city  treasurer,  as  in  this  act  used,  is  intended  the  chief  financial 
officer  of  the  city,  by  whatever  title  designated  in  existing  laws,  and  by  fire 
commissioners  is  intended  the  officers  of  the  fire  department  performing  the 
duties  of  fire  commissioners. 

§  55.  All  courts  of  record,  and  justices  and  judges  thereof,  in  the 
county  in  which  any  city  may  be  located,  shall  have  cognizance  of  and 
jurisdiction  over  all  suits  brought  in  such  city  for  the  recovery  of  any  penalty 
and  of  all  actions  and  proceedings,  either  legal  or  equitable,  that  may  be 
appropriate  or  necessary  for  the  enforcement  of  the  provisions  of  this  act, 
and  are  hereby  invested  with  full  legal  and  equitable  jurisdiction  to  hear, 
try  and  determine  all  such  actions  and  proceedings,  and  to  make  appropriate 
orders  and  render  judgment  therein  according  to  law,  so  as  to  give  force 
and  effect  to  its  provisions.  Whenever  the  superintendent  of  buildings  is 
satisfied  that  any  building  or  structure,  or  any  portion  thereof,  the  erection, 
construction,  or  alteration  of  which  is  regulated,  permitted  or  forbidden  by 
this  act,  is  being  erected,  constructed  or  altered,  or  has  been  erected,  con- 


5« 

structed  or  altered,  in  violation  of,  or  not  in  compliance  with,  any  of  the 
provisions  or  requirements  of  this  act,  or  in  violation  of  any  detailed  state- 
ment of  specifications  or  plans  submitted  and  approved  thereunder,  or  of 
any  certificate  of  permit  issued  thereunder,  or  that  any  provision  or  require- 
ment of  this  act,  or  any  order  or  direction  made  thereunder  has  not  been 
complied  with,  said  city  attorney,  upon  notice  from  the  superintendent  of 
buildings,  may  institute  any  appropriate  action  or  proceeding,  at  law  or  in 
equity,  to  restrain,  correct  or  remove  such  violation,  or  to  restrain  or  correct 
the  erection  or  alteration  of,  or  to  require  the  removal  of,  or  to  prevent  the 
occupation  or  use  of  the  building  or  structure  erected,  constructed  or 
altered,  in  violation  of,  or  not  in  compliance  with  any  of  the  provisions  of 
this  act,  or  with  respect  to  which  the  requirements  of  this  act,  or  of  any 
order  or  direction  made  pursuant  to  any  provisions  contained  in  this  act, 
shall  not  have  been  complied  with.  In  any  such  action  or  proceeding  said 
city  attorney  may,  on  the  affidavit  of  the  superintendent  of  buildings,  setting 
forth  the  facts,  apply  to  any  court  of  record  in  said  city,  or  in  the  county  in 
which  said  city  is  situated,  or  in  an  adjoining  county,  or  to  a  judge  or 
justice  thereof,  for  an  order  enjoining  and  restraining  all  persons  from 
doing,  or  causing  or  permitting  to  be  done,  any  work  in  or  upon  such 
building  or  structure,  or  in  or  upon  such  part  thereof,  as  may  be  designated 
in  said  affidavit,  or  from  occupying  or  using  said  building  or  structure,  or 
such  portion  thereof  as  may  be  designated  in  said  affidavit,  for  any  purpose 
whatever,  until  the  hearing  and  determination  of  said  action  and  the  entry 
of  final  judgment  therein.  The  court,  or  judge  or  justice  thereof,  to  whom 
such  application  is  made,  is  hereby  authorized  forthwith  to  make  any  or  all 
of  the  orders  above  specified,  as  may  be  required  in  such  application,  with 
or  without  notice,  and  to  make  such  other  or  further  orders  or  directions  as 
may  be  necessary  to  render  the  same  effectual.  No  officer  of  any  depart- 
ment or  bureau  of  buildings  created  under  this  act,  acting  in  good  faith  and 
without  malice,  shall  be  liable  for  damages  by  reason  of  anything  done  in 
any  such  action  or  proceeding.  No  undertaking  shall  be  required  as  a  con- 
dition of  the  granting  or  issuing  of  such  injunction  order,  or  by  reason 
thereof  All  courts  in  which  any  suit  or  proceeding  is  instituted  under  this 
act  shall,  upon  the  rendition  of  a  verdict,  report  of  a  referee,  or  decision  of 
a  judge  or  justice,  render  judgment  in  accordance  therewith;  and  the  said 
judgment  so  rendered  shall  be  and  become  a  lien  upon  the  premises 
named  in  the  complaint  in  any  such  action,  to  date  from  the  time  of  the 
filing  in  the  county  clerk's  office  in  the  county  where  the  property  affected 
by  such  notice  is  situated,  of  a  notice  of  Us pendens  therein;  which  lien  may 
be  enforced  against  said  property,  in  every  respect,  notwithstanding  the 
same  may  be  transferred  subsequent  to  the  filing  of  the  said  notice.  Said 
notice  of  Us  pendens  shall  consist  of  a  copy  of  the  notice  issued  by  the 
superintendent  of  buildings,  requiring  the  removal  of  the  violation  and  a 
notice  of  the  suit  or  proceeding  instituted,  or  to  be  instituted,  thereon,  and 
said  notice  of  Us  pendens  may  be  filed  at  any  time  after  the  service  of  the 
notice  issued  by  the  superintendent  of  buildings  as  aforesaid.  Any  notice 
of  Us  pendens  filed  pursuant  to  the  provisions  of  this  act  may  be  vacated  and 
discharged  of  record,  upon  an  order  of  a  judge  or  justice  of  the  court  in 
which  such  suit  or  proceeding  was  instituted  or  is  pending,  or  upon  the 
consent  in  writing  of  the  city  attorney,  and  the  clerk  in  whose  office  said 


59 

notice  of  Us pendens  is  filed  is  hereby  directed  and  required  to  mark  any 
such  notice  of  Us  pendens •,  and  any  record  or  docket  thereof,  as  vacated  and 
discharged  of  record,  upon  the  presentation  and  filing  of  a  certified  copy  of 
an  order  as  aforesaid,  or  of  the  consent,  in  writing,  of  said  city  attorney.  In 
no  case  shall  any  said  department  or  bureau  of  buildings,  or  any  officer 
thereof,  or  any  defendant,  be  liable  for  costs  in  any  action,  suit  or  proceed- 
ing that  may  be  instituted  or  commenced,  in  pursuance  of  this  act,  unless 
specially  ordered  and  allowed  by  a  court  or  justice,  in  the  course  of  such 
action,  suit  or  proceeding.  But  an  execution  against  the  person  of  the 
judgment  debtor  shall  not  be  issued  upon  any  judgment  for  a  penalty  im- 
posed by  this  act. 

§  56.  All  notices  of  the  violation  of  any  of  the  provisions  of  this  act, 
and  all  notices  directing  anything  to  be  done,  required  by  this  act,  and  all 
other  notices  that  may  be  required  or  authorized  to  be  issued  thereunder, 
including  notice  that  any  building,  structure,  premises,  or  any  part  thereof, 
is  deemed  unsafe  or  dangerous,  shall  be  issued  by  the  superintendent  of 
buildings,  and  shall  have  his  name  affixed  thereto,  and  may  be  served  by 
any  officer  or  employee  of  any  department  or  bureau  of  buildings,  or  by  any 
person  authorized  by  the  same.  All  such  notices,  and  any  notice  or  order 
issued  by  any  court  in  any  proceeding  instituted  to  restrain  or  remove  any 
violation,  or  to  enforce  compliance  with  any  provision  or  requirement  of 
this  act,  may  be  served  by  delivering  to  and  leaving  a  copy  of  the  same, 
with  any  person  or  persons  violating,  or  who  may  be  liable  under  any  of  the 
several  provisions  of  this  act,  or  to  whom  the  same  may  be  addressed,  and  if 
such  person  or  persons  can  not  be  found  after  diligent  search  shall  have 
been  made  for  him  or  them,  then  such  notice  or  order  may  be  served  by 
posting  the  same  in  a  conspicuous  place  upon  the  premises  where  such 
violation  is  alleged  to  have  been  placed  or  to  exist,  or  to  which  such  notice 
or  order  may  refer,  or  which  may  be  deemed  unsafe  or  dangerous,  which 
shall  be  equivalent  to  a  personal  service  of  said  notice  or  order  upon  all 
parties  for  whom  such  search  shall  have  been  made.  Such  notice  or  order 
shall  contain  a  description  of  the  building,  premises  or  property  upon 
which  such  violation  shall  have  been  put  or  may  exist,  or  which  may  be 
deemed  unsafe  or  dangerous,  or  to  which  such  notice  or  order  may  refer. 
If  the  person  or  persons,  or  any  of  them,  to  whom  said  notice  or  order  is 
addressed,  do  not  reside  in  the  State  of  New  York,  and  have  no  known 
place  of  business  therein,  the  same  may  be  served  by  delivering  to,  and 
leaving  with,  such  person  or  persons,  or  either  of  them,  a  copy  of  said 
notice  or  order,  or  if  said  person  or  persons  can  not  be  found  within  said 
State  after  diligent  search,  then  by  posting  a  copy  of  the  same  in  manner  as 
aforesaid  and  depositing  a  copy  thereof  in  the  post  office  of  any  such  city, 
inclosed  in  a  sealed  wrapper  addressed  to  said  person  or  persons  at  his  or 
their  last  known  place  of  residence,  with  the  postage  paid  thereon;  and 
said  posting  and  mailing  of  a  copy  of  said  notice  or  order  shall  be  equi- 
valent to  personal  service  of  said  notice  or  order. 

§  57.  Any  building  or  buildings,  part  or  parts  of  a  building,  staging 
or  other  structure,  that  from  any  cause  may  now  be,  or  shall  at  any  time 
hereafter  become  dangerous  or  unsafe,  may  be  taken  down  and  removed,  or 
made  safe  and  secure,  in  the  manner  following:  Immediately  upon  such 
unsafe  or  dangerous  building  or  buildings,  or  part  or  parts  of  a  building, 


6o 

staging  or  structure  being  so  reported  by  any  of  the  officers  of  said  depart- 
ment or  bureau  of  buildings,  as  the  case  may  be,  the  same  shall  be  immedi- 
ately entered  upon  a  docket  of  unsafe  buildings,  to  be  kept  by  said  super- 
intendent; and  the  owner,  or  some  one  of  the  owners,  executors,  adminis- 
trators, agents,  lessees,  or  any  other  person  or  persons  who  may  have  a 
vested  or  contingent  interest  in  the  same,  may  be  served  with  a  printed  or 
written  notice  containing  a  description  of  the  premises  or  structure  and  the 
parts  deemed  unsafe  or  dangerous,  requiring  the  same  to  be  made  safe  and 
secure,  or  removed,  as  the  same  may  be  deemed  necessary  by  the  said 
superintendent,  which  said  notice  shall  require  the  person  or  persons  thus 
served  to  immediately  certify  to  the  superintendent  of  buildings  his  or  their 
assent  or  refusal  to  secure  or  remove  the  same. 

§  58.  If  the  person  or  persons  so  served  with  notice  shall  immediately 
certify  his  or  their  assent  to  the  securing  or  removal  of  said  unsafe  or 
dangerous  building,  premises  or  structure,  he  or  they  shall  be  allowed  until 
one  o'clock,  p.  m.,  of  the  day  following  the  service  of  such  notice  in  which 
to  commence  the  securing  or  removal  of  the  same;  and  he  or  they  shall 
employ  sufficient  labor  and  assistance  to  secure  or  remove  the  same  as 
expeditiously  as  the  same  can  be  done.  But  upon  his  or  their  refusal  or 
neglect  to  comply  with  the  requirements  of  said  notice  so  served,  a  further 
notice  shall  be  served  upon  the  person  or  persons  heretofore  named,  and  in 
the  manner  heretofore  prescribed,  notifying  him  or  them  that  a  survey  of 
the  premises  named  in  said  notice  will  be  made  at  the  time  and  place 
therein  named,  which  time  shall  not  be  less  than  twenty-four  hours  nor 
more  than  three  days  from  the  time  of  the  service  of  the  said  notice,  by 
three  competent  persons,  each  of  whom  shall  be  a  practical  builder  or 
architect,  and  one  of  whom  shall  be  the  superintendent  of  buildings,  or  an 
inspector  duly  authorized  by  him,  or  the  deputy  superintendent  of  build- 
ings, another  of  whom  shall  be  appointed  by  the  person  or  persons  thus 
notified,  and  the  third  by  the  two  thus  chosen;  and  that  in  case  the  said 
premises  shall  be  reported  unsafe  or  dangerous  by  said  surveyors,  or  a 
majority  of  them,  the  said  report  will  be  presented  to  a  court  of  record 
therein  named,  which  shall  be  a  court  held  within  said  city,  or  within  the 
county  in  which  said  city  is  situated,  or  in  an  adjoining  county,  and  that  a 
trial  upon  the  allegations  and  statements  contained  in  said  report,  be  the 
report  of  the  said  surveyors  more  or  less  than  is  contained  in  the  said 
notice  of  survey,  will  be  had  before  said  court,  at  a  time  and  place  therein 
named,  to  determine  whether  said  unsafe  or  dangerous  building  or 
premises  shall  be  repaired  and  secured  or  taken  down  and  removed;  and  a 
report  of  such  survey,  reduced  to  writing,  shall  constitute  the  issue  to  be 
placed  before  the  court  for  trial.  If  the  person  or  persons  on  whom  said 
notice  is  served  refuse  or  neglect  to  appoint  a  surveyor,  within  a  time  fixed 
in  the  notice,  the  superintendent  of  buildings  shall  appoint  a  builder  or 
architect  to  act  for  the  person  or  persons  so  served  with  notice,  and  said 
two  persons  may  make  the  survey,  and  in  case  of  disagreement  they  shall 
appoint  a  third  person,  a  builder  or  architect,  to  take  part  in  the  survey.  If 
the  person  acting  on  behalf  of  any  department  or  bureau  of  buildings  and 
the  surveyor  appointed  by  the  person  or  persons  on  whom  any  such  notice 
was  served  shall  neglect  or  refuse  to  choose  a  third  person  to  act  upon  any 
survey,  within  a  reasonable  time,  the  superintendent  of  buildings  shall 


6i 

designate  such  third  person.  A  copy  of  said  report  of  survey  shall  be 
posted  on  the  building,  by  the  persons  holding  the  survey,  immediately  on 
their  signing  the  same.  The  architect  or  builder  appointed  by  the  super- 
intendent of  buildings  when  the  person  or  persons  notified  neglect  or  refuse 
to  appoint,  as  also  the  architect  or  builder  who  may  serve  as  a  third  surveyor 
on  any  survey  called  in  accordance  with  the  provisions  of  this  act,  shall 
each  receive  the  sum  of  ten  dollars,  to  be  paid  by  the  city  treasurer  upon 
the  voucher  of  the  superintendent  of  buildings,  and  a  cause  of  action  is 
hereby  created  for  the  benefit  of  said  city  against  the  owner  or  owners  of 
said  building,  staging  or  structure,  and  of  the  lot  or  parcel  of  land  on  which 
the  same  is  situated,  for  the  amount  so  paid  with  interest,  which  shall  be 
prosecuted  in  the  name  of  the  city.  The  amount  so  collected  shall  be  paid 
over  to  the  city  treasurer  in  reimbursement  of  the  amounts  paid  by  him  as 
aforesaid. 

§  59.  Whenever  the  report  of  any  such  survey,  had  as  aforesaid,  shall 
recite  that  the  building,  premises  or  structure  thus  surveyed  is  unsafe  or 
dangerous,  the  city  attorney  shall,  at  the  time  in  the  said  notice  named, 
present  said  notice  and  report  to  the  judge  or  justice  holding  the  court  in 
the  said  notice  named,  which  said  judge  or  justice  shall  immediately  pro- 
ceed to  obtain  and  impanel  a  jury,  and  to  the  trial  of  said  issue  before  said 
jury,  giving  precedence  to  the  trial  of  this  issue  over  every  other  business, 
and  said  judge  or  justice  shall  have  power  to  impanel  a  jury  for  that  purpose 
from  any  jurors  in  attendance  upon  said  court,  or  in  case  sufficient  jurors 
shall  not  be  in  attendance,  then  from  any  jurors  that  may  be  summoned  for 
that  purpose,  and  said  judge  or  justice  shall  have  power  to  summon  jurors 
for  that  purpose;  and  any  such  suit  or  proceedings  commenced  before  a 
judge  or  justice  may  be  continued  before  another  judge  or  justice  of  the 
same  court;  a  jury  trial  may  be  waived  by  the  default  of  the  defendant  or 
defendants  to  appear  at  the  time  and  place  named  in  the  said  notice,  or  by 
agreement,  and  in  such  case  the  trial  may  be  by  the  court,  judge,  justice  or 
referee;  and  upon  the  rendition  of  a  verdict  or  decision  of  the  court,  judge, 
justice  or  referee,  if  the  said  verdict  or  decision  shall  find  the  said  building, 
premises  or  structure  to  be  unsafe  or  dangerous,  the  judge  or  justice  trying 
said  cause,  or  to  whom  the  report  of  the  referee  trying  said  cause  shall  be 
presented,  shall  immediately  issue  a  precept  out  of  said  court,  directed  to 
the  superintendent  of  buildings,  reciting  said  verdict  or  decision,  and  com- 
manding him  forthwith  to  repair  and  secure,  or  take  down  and  remove,  as 
the  case  may  be,  in  accordance  with  said  verdict  or  decision,  said  unsafe  or 
dangerous  building,  buildings,  part  or  parts  thereof,  staging,  structure  or 
other  premises  that  shall  have  been  named  in  the  said  report;  and  said 
superintendent  shall  immediately  thereupon  proceed  to  execute  said  pre- 
cept as  therein  directed,  and  may  employ  such  labor  and  assistance,  and 
furnish  such  materials  as  may  be  necessary  for  that  purpose,  and  after 
having  done  so,  said  superintendent  shall  make  return  of  said  precept,  with 
an  indorsement  of  his  action  thereunder,  and  the  cost  and  expenses  thereby 
incurred,  to  the  said  court,  and  thereupon  a  judge  or  justice  of  said  court 
shall  tax  and  adjust  the  amount  indorsed  upon  said  precept,  and  shall 
adjust  and  allow  disbursements  of  said  proceeding,  together  with  the  pre- 
liminary expenses  of  searches  and  surveys,  which  shall  be  inserted  in  the 
judgment  in  said  action  or  proceeding,  and  shall  render  judgment  for  such 


62 

amount,  and  for  the  sale  of  the  said  premises  in  the  said  notice  named,  together 
with  all  the  right,  title  and  interest  that  the  person  or  persons,  or  either  of 
them,  named  in  the  said  notice  had  in  the  lot,  ground  or  land  upon  which 
the  said  building  or  structure  was  placed  at  the  time  of  the  filing  of  a  notice 
of  Us  pendens  in  the  said  proceedings,  or  at  the  time  of  the  entry  of 
judgment  therein  to  satisfy  the  same,  which  shall  be  in  the  same  manner 
and  with  like  effect  as  sales  under  judgment  in  foreclosure  of  mortgages; 
and  in  and  about  all  preliminary  proceedings,  as  well  as  the  carrying  into 
effect  any  order  of  the  court  or  any  precept  issued  by  any  court,  said  depart- 
ment or  bureau  of  buildings,  or  fire  department,  as  the  case  may  be,  may 
make  requisition  upon  the  city  treasurer  for  such  amount  or  amounts,  of 
money  as  shall  be  necessary  to  meet  the  expenses  thereof;  and  upon  the 
same  being  approved  by  any  judge  or  justice  of  the  court  from  which  the 
said  order  or  precept  was  issued  and  presented  to  said  city  treasurer,  he 
shall  pay  the  same,  and  for  that  purpose  shall  borrow  and  raise,  upon 
revenue  bonds  to  be  issued  in  the  name  of  the  said  city,  the  several  amounts 
that  may  from  time  to  time  be  required,  or  the  city  may  transfer  to  the  order 
of  the  city  treasurer,  for  this  purpose,  such  amounts  as  may  be  necessary,  from 
any  unexpended  or  excessive  appropriations  of  the  current  or  any  previous 
year,  which  shall  be  reimbursed  by  the  payment  of  the  amount,  and  interest 
at  six  per  cent,  out  of  the  judgment  or  judgments  obtained  as  aforesaid,  if 
the  same  shall  be  collected.  In  case  said  issue  shall  not  be  tried  at  the 
time  specified  in  said  notice,  or  to  which  the  trial  may  be  adjourned,  the 
same  may  be  brought  to  trial  at  any  time  thereafter  without  a  new  survey, 
upon  not  less  than  three  days'  notice  of  trial  to  the  person  or  persons  upon 
whom  the  original  notice  was  served,  or  to  his  or  their  attorney,  which 
notice  of  trial  may  be  served  in  the  same  manner  as  said  original  notice. 
The  notice  of  Us  pendens  provided  for  in  this  section  shall  consist  of  a  copy 
of  said  notice  of  survey,  and  shall  be  filed  in  the  office  of  the  clerk  of  the 
county  where  the  premises  affected  by  said  notice  are  situated.  Provided 
nevertheless,  that  immediately  upon  the  issuing  of  said  precept  the  owner 
or  owners  of  said  building  or  premises  or  any  party  interested  therein, 
upon  application  to  said  superintendent  of  buildings,  shall  be  allowed  to 
perform  the  requirements  of  said  precept,  at  his  or  their  own  proper  cost 
and  expense,  provided  the  same  shall  be  done  immediately,  and  in 
accordance  with  the  requirements  of  said  precept,  upon  the  payment  of  all 
costs  and  expenses  incurred  up  to  that  time. 

§  60.  In  case  any  notice  or  direction  authorized  to  be  issued  by  this 
act  is  not  complied  with  within  ten  days  after  the  service  thereof  the  super- 
intendent of  buildings,  through  the  city  attorney,  may  apply  to  a  court  of 
record  within  said  city,  or  to  a  judge  or  justice  of  a  court  of  record  residing 
or  holding  court  in  said  city,  or  to  a  court  of  record,  or  a  judge  or  justice 
thereof,  within  the  county  in  which  said  city  is  situated,  or  in  an  adjoining 
county,  for  an  order  directing.the  department  or  bureau  of  buildings,  as  the 
case  may  be,  to  proceed  to  make  the  alterations  or  remove  the  violation  or 
violations,  as  the  same  may  be  specified  in  said  notice  or  direction.  When- 
ever any  notice  requires  fire-escapes  or  means  of  egress  in  case  of  fire,  to 
be  placed  in  or  upon  any  building,  shall  have  been  served  as  directed  in 
this  act,  and  the  same  shall  not  have  been  complied  with  within  ten  days 
after  service  thereof,  the  superintendent  of  buildings,  through  the  city  attor- 


63 

ney,  may,  in  addition  to  or  in  lieu  of  the  remedy  last  above  provided,  apply 
to  a  court  of  record  or  to  a  judge  or  justice  thereof,  as  last  above  provided, 
for  an  order  directing  the  department  or  bureau  of  buildings,  as  the  case 
may  be,  to  vacate  such  building  or  premises,  or  so  much  thereof  as  said 
department  or  bureau  may  deem  necessary,  and  prohibiting  the  same  to  be 
used  or  occupied  for  any  purpose  specified  in  said  order,  until  such  notice 
shall  have  been  complied  with.  The  expenses  and  disbursements  incurred 
in  the  carrying  out  of  any  of  said  orders  shall  become  a  lien  upon  said 
building  or  premises  named  in  the  said  notice,  from  the  time  of  filing 
of  a  copy  of  the  said  notice,  with  a  notice  of  the  proceedings  taken 
thereunder,  in  the  office  of  the  clerk  of  the  county  within  which  the 
premises  affected  by  said  notice  are  situated;  and  the  said  court,  or  a 
judge  or  a  justice  thereof,  to  whom  application  shall  be  made,  is  hereby 
authorized  and  directed  to  grant  any  of  the  orders  above  named,  and  to  take 
such  proceedings  as  shall  be  necessary  to  make  the  same  effectual,  and  any 
such  lien  may  be  enforced  in  the  same  manner  as  liens  acquired  under  the 
mechanics'  lien  law.  In  case  any  of  the  notices  provided  for  in  this  act 
shall  be  served  upon  any  lessee  or  party  in  possession  of  the  building  or 
prermses  therein  described,  it  shall  be  the  duty  of  the  person  upon  whom 
such  service  is  made  to  give  immediate  notice  to  the  owner  or  agent  of  said 
building  named  in  the  notice,  if  the  same  shall  be  known  to  the  said  person 
personally,  if  such  person  shall  be  within  the  limits  of  the  city,  and  his 
residence  known  to  such  person,  and  if  not  within  said  city,  then  by  depos- 
iting a  copy  of  said  notice  in  the  post-office,  properly  inclosed  and  addressed 
to  such  owner  or  agent,  at  his  then  place  of  residence,  if  known,  and  by 
paying  the  postage  thereon.  In  case  any  lessee  or  party  in  possession  shall 
neglect  or  refuse  to  give  such  notice  as  herein  provided,  he  shall  be  person- 
ally liable  to  the  owner  or  owners  of  said  building  or  premises  for  all  dam- 
ages he  or  they  shall  sustain  by  reason  thereof. 

§  61.  In  case  of  the  falling  of  any  building  or  part  of  any  building  in 
any  city  to  which  this  act  relates,  where  persons  are  known  or  believed  to 
be  buried  under  the  ruins  thereof,  it  shall  be  the  duty  of  the  fire  department 
to  cause  an  examination  of  the  premises  to  be  made  for  the  recovery  of  the 
bodies  of  the  killed  and  injured.  In  case  there  shall  be,  in  the  opinion  of 
the  superintendent  of  buildings,  actual  and  immediate  danger  of  the  falling 
of  any  building  or  part  thereof,  so  as  to  endanger  life  or  property,  said  sup- 
erintendent shall  cause  the  necessary  work  to  be  done  to  render  said  build- 
ing or  part  thereof  temporarily  safe,  until  the  proper  proceedings  can  be 
taken,  as  in  the  case  of  an  unsafe  building,  as  provided  for  in  this  act.  For 
the  aforesaid  purposes,  the  said  fire  department,  or  the  superintendent  of 
buildings,  as  the  case  may  be,  shall  employ  laborers  and  materials  as  may 
be  necessary  to  perform  said  work  as  speedily  as  possible,  and  the  city 
treasurer  is  authorized  and  directed  to  provide  the  funds  to  prosecute  said 
work  until  completed.  For  the  purpose  of-  providing  the  money  for  said 
work  and  materials,  or  either  of  them,  the  city  is  hereby  authorized  to  trans- 
fer to  the  order  of  the  city  treasurer  such  sums  as  may  be  necessary,  from 
any  unexpended  or  excessive  appropriation  of  the  then  current  or  of  any 
previous  year,  or  to  issue  revenue  bonds  payable  out  of  the  taxes  of  the 
next  ensuing  year. 

§  62.     This  act  is  hereby  declared  to  be  a  remedial  statute,  and  is  to  be 


64 

construed  liberally  to  secure  the  beneficial  interests  and  purposes  thereof 
Notrnng  herein  contained  shail  be  construed  ,o  affect  an/suf,  O*pro"$. 
•ng  now  pendmg  ,n  any  court,  or  any  rights  acquired,  or  liability  incurred 
nor  any  cause  or  causes  of  action  accrued  or  existing,  under  Ly  act  rt 
pealed  hereby;  nor  to  repeal,  limit  or  modify  the  powers  and  duties  of  any 
local  or  state  board  of  health. 

g  63.     This  act  shall  take  effect  ninety  days  after  its  passage. 


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